HUNTINGTON – A Cabell County woman says her husband’s insurance
carrier is refusing to cover his death from cancer because they claim he must
have withheld information about tobacco use on his application.
Heather Robertson, individually and as the personal
representative of Jon Robertson (deceased), filed a lawsuit April 4 in Cabell Circuit
Court against The Cincinnati Life Insurance Co., RDN & Associates, and Greg
Jones, individually and as an agent of RDN, alleging breach of contract, common
law bad faith and unfair trade practices.
According to the complaint, Jones sold Jon Robertson a life
insurance policy in January 2013, in effect up until the time of his death on
Jan. 13, 2015. Although Heather Robinson, the beneficiary, filed a claim with
Cincinnati Life, the suit says she still has not received the full coverage and
benefits promised by the policy. Cincinnati Life is allegedly refusing to honor
the claim because they insist his denial during the application process of ever
using tobacco is false, since he died of esophageal cancer. The plaintiff
states that Robertson never used tobacco.
Robertson seeks a jury trial, punitive and compensatory damages,
interest, and litigation costs. She is represented by attorney William L. Mundy
of Mundy & Associates in Huntington.
Cabell Circuit Court Case number 16-C-239