LOGAN – A Logan couple is suing Erie Insurance Property and Casualty Company after they delayed a Homeowners’ Insurance payment.
In 2008, a water leak damaged Harold Keener and Margaret Keener’s personal property and the Keeners filed claims for the loss or damage in a timely manner , according to a complaint filed in Logan Circuit Court.
The Keeners claim the defendant knowingly, intentionally and willfully failed to honor its responsibilities in the insurance policy, which, in turn, caused black mold and/or other toxins to form on the property.
The plaintiffs’ exposure to the toxins directly and proximately caused Harold Keener to suffer severe, debilitating and permanent physical problems, ailments and diseases, according to the suit.
The Keeners claim the defendant still knowingly, intentionally, willfully and wrongfully fails to honor its responsibilities to the plaintiffs.
The insurance policy between the plaintiffs and defendant provided for compensation to the plaintiffs for mold damage/abatement and the defendant failed to make those payments timely, according to the suit.
The Keeners claim Erie violated the West Virginia Unfair Claims Act, were unjustly enriched and acted in bad faith.
The Keeners are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Justin J. Marcum of Marcum Law Office PLLC.