BECKLEY — A policy holder is suing Encompass Insurance Company of America, alleging breach of contract and violation of the Unfair Trade Practices Act.
Paul K. Ellison filed a complaint on July 19 in Raleigh Circuit Court against Encompass Insurance Company of America, alleging that the insurer unjustly refused to pay a claim.
According to the complaint, the plaintiff alleges that on May 1, his vehicle, a 2003 Mustang convertible, suffered hail damage. He says Moses Ford BMW Collision Center's appraisal of damages was $10,604,38, but the defendant's appraisal was only $1,918.60. The plaintiff holds Encompass Insurance Company of America responsible because the defendant allegedly failed and refused to honor Moses Ford's appraisal and is only offering $1,918.60 minus $1,000 deductible, leaving only $918.60 to pay for damages.
The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount to be determined by the court, an award for damages, attorney's fees, and such other relief as the court deems proper. He is represented by John D. Wooton of Wooton, Davis, Hussell & Ellis in Beckley.
Raleigh Circuit Court Case number 16-C-476