Woman says insurer not paying enough

By Philip Gonzales | Jun 21, 2016

MOUNDSVILLE — A woman is suing Trumbull Insurance Company, also know as The Hartford, citing alleged negligence, bad faith and unfair claims settlement practices.

Kathleen (Wheeler) Matheny filed a complaint on May 25 in Marshall Circuit Court, alleging that the insurance company failed to effectuate a fair, prompt and equitable settlement.

According to the complaint, the plaintiff alleges that on Nov. 3, 2014, she was operating her red 2007 Nissan Sentra, traveling in a northwesterly direction and exiting 1470 West to Route 2 North in Wheeling in Ohio County, when Jessica Bozenske negligently collided with the rear of her vehicle, causing her to suffer physical and permanent injuries, pain and suffering, loss of enjoyment of life, emotional pain and medical expenses. The plaintiff holds the insurer responsible because the defendant allegedly failed to provide an effective offer of underinsured motorist coverage benefits and refused to acknowledge the applicable underinsured motorist coverage of $100,000 per person and $300,000 per accident.

The plaintiff requests a trial by jury and seeks judgement against the defendant in an amount in excess of the court's minimum jurisdictional limits, compensation for damages, pre- and post-judgment interest, attorneys' fees and such other relief as the court deems just and appropriate. She is represented by David A. Jividen and Chad D Haught of Jividen Law Offices PLLC in Wheeling.

Marshall Circuit Court Case number 16-C-85-H

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