PINEVILLE — A couple's lawsuit against Nationwide Mutual Insurance Company alleges breach of duty, misrepresentation and failure to evaluate and adjust.

George and Donna Lambert filed a complaint on June 6 in Wyoming Circuit Court against Nationwide Mutual Insurance Company alleging that the insurance company violated the Unfair Claims Practice Act and common law bad faith.

According to the complaint, the plaintiffs allege that on June 23, 2014, George and Donna Lambert were in a vehicle that was struck from behind by another driver, and that all the parties carried Nationwide insurance.

Donna Lambert suffered a back injury, the suit says, adding that on Aug. 21, 2015, she demanded liability limits of $20,000 and underinsurance limits of $20,000, and both were tendered by the defendant. However the physician's bill exceeded the amount tendered, the suit alleges. The plaintiffs say they made a separate demand for plaintiff George Lambert, on grounds that he bore responsibility for his wife's medical bills, which was denied. The plaintiffs hold the defendant responsible because it allegedly denied the liability, underinsurance and medical payments claimed by plaintiff George Lambert.

The plaintiffs request a trial by jury and seek a declaration that the defendant's policies provide coverage to plaintiff George Lambert, judgment against the defendant for compensatory damages, attorney's fees and costs and such other and further relief as may show to be just and proper. They are represented by David R. Barney, Jr. of Thompson Barney Law Offices in Charleston.

Wyoming Circuit Court Case number 16-C-77

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