Woman alleges deceptive practices by insurer

By Philip Gonzales | Sep 7, 2016

BECKLEY — A woman has filed a class-action lawsuit against her insurer, alleging deceptive insurance practices.

Lucenda Nicholes filed a complaint on Aug. 23 in Raleigh Circuit Court against Combined Insurance Company of America, alleging that the insurer violated the Consumer Protection Act and the Insurance Trade Practices Act.

According to the complaint, the plaintiff alleges that in July 2015, she became aware for the first time that she was not eligible for benefits under the sickness protector policy because she was a Medicaid and SSI recipient. She suffered economic damage for paying more than $1,000 in insurance premiums for illusory insurance benefits, she alleges. The plaintiff holds Combined Insurance Company of America responsible because the defendant allegedly sold policies to consumers who are ineligible to receive any insurance benefits and refused to return the premiums collected for coverage that never existed.

The plaintiff requests a trial by jury and seeks judgment against the defendant for compensatory damages, costs and attorneys' fees and such other relief that the court may deem just and proper. She is represented by Damon Ellis of Mani, Ellis & Layne PLLC in Charleston.

Raleigh Circuit Court Case number 16-c-548

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