LOGAN — Two insurance policy holders are suing Erie Insurance Property and Casualty Company, citing alleged breach of contract and unjust enrichment.

Harold Keener and Margaret Keener filed a complaint on July 22 in Logan Circuit Court against the defendant, alleging that it violated the West Virginia Unfair Claims Settlement Practices Act.

According to the complaint, the plaintiffs allege that due to a water leak at their property, they sustained losses and damages that began to accrue in 2008 and continue to accrue with each passing day. Black molds and other toxins formed in their property, which caused them to suffer physical problems, ailments and diseases, they allege. The plaintiffs holds Erie Insurance Property and Casualty Company responsible because the defendant allegedly willfully failed to honor its responsibilities under the insurance policy and failed to make payments in a timely manner.

The plaintiffs request a trial by jury and seek an award for compensatory damages, punitive damages, pre- and post-judgment interest, attorney's fees and costs and such other relief as may be just and proper. They are represented by Justin J. Marcum of Marcum Law Office PLLC in Williamson.

Logan Circuit Court Case number 16-c-164

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