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WEST VIRGINIA RECORD

Thursday, March 28, 2024

Motorist claims her insurer failed to act in good faith

Insurance 08

CLAY — A motorist is suing her automobile insurance provider, citing alleged breach of covenants of good faith and fair dealing.

Regina G. Hubbard filed a complaint on Aug. 22 in Clay Circuit Court against State Farm Mutual Automobile Insurance Company, alleging that the insurer violated the West Virginia Unfair Trade Practices Act.

According to the complaint, the plaintiff alleges that on June 15, 2015, she was injured in an a collision with a motorist who had minimal insurance, and claims that she was unsuccessful in negotiating a settlement with the defendant for underinsured motorist coverage, causing her to suffer annoyance and inconvenience, loss of interest on money due to increased expenses, emotional distress and other injuries and damages. The plaintiff holds State Farm Mutual Automobile Insurance Company responsible because the defendant allegedly failed to respond to a request for waiver of subrogation and breached its express and implied contractual duties owed to her.

The plaintiff requests a trial by jury and seeks judgment against the defendant for compensatory damages, post-judgment interest, attorney's fees, costs and expenses and such other relief as the court deems just and appropriate. She is represented by Robert D. Cline, Robert A. Campbell and R. Chad Duffield of Farmer, Cline & Campbell PLLC in Charleston.

Clay Circuit Court Case number 16-c-32

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