CHARLESTON — Two property owners are suing Horace Mann Insurance Company, First Response Restoration LLC and insurance adjuster Randall L. Tidd, citing alleged breach of implied covenant of good faith and fair dealing.

Charles A. Purdue and Jolinda L. Purdue filed a complaint on July 8 in Kanawha Circuit Court against the defendants, alleging that they violated the Unfair Claims Settlement Practices Act.

According to the complaint, the plaintiffs allege that on May 14, 2014, their insured property was damaged by fire. They immediately contacted defendant Horace Mann and filed a claim, which was approved on May 20, 2014, the suit alleges. Upon inspection, First Responder and Tidd undervalued the damages, the plaintiffs claim. As a result of the delay of the release of their claims, the plaintiffs allage, they suffered substantial damages, including loss of rental income and other economic losses. The plaintiffs hold the defendants responsible because First Responder and Tidd allegedly negligently conducted substandard investigations and inspections of the property that led to an unreasonably low estimate of damages and Horace Mann allegedly issued an unreasonably low payment on their claim.

The plaintiffs request a trial by jury and seek compensatory damages in an amount to be determined by jury, punitive damages, pre-judgment interest, attorney fees and costs and such other relief as may be just and proper. They are represented by Michael A. Olivio and Stephanie H. D. Mullet of Olivio Law Firm PLLC in Charleston.

Kanawha Circuit Court Case number 16-c-1040

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