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WEST VIRGINIA RECORD

Wednesday, April 17, 2024

Policy holder accuses insurance providers of breaching contract

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PRINCETON — A primary beneficiary is suing insurance providers, alleging breach of an insurance contract.

Fred Farley Sr. filed a complaint March 15 in Mercer Circuit Court against Lincoln Heritage Life Insurance Co. and Henry Bivens, alleging they breached their duty of good faith and fair dealing to effectuate a prompt and fair settlement.

According to the complaint, Farley's wife, Helen, faithfully paid the premiums due on her life insurance policy and the AD&D rider until her death Dec. 7, 2015. The suit says Farley presented a claim under the policy issued to his wife, but was unable to receive proceeds of $10,000 from the defendants. 

The plaintiff alleges despite having knowledge that Helen Farley truthfully and correctly answered her application, by letter dated Feb. 17, 2016, the defendants have denied payment for the plaintiff's claim.

Fred Farley seeks trial by jury, compensatory and punitive damages, plus interest, costs of court and all other just and proper relief. He is represented by attorney Eric J. Buckner of Katz, Kantor, Stonestreet & Buckner PLLC in Princeton.

Mercer Circuit Court Case number 17-c-74

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