LOGAN – A woman filed a class action lawsuit against CNA National Warranty Corporation alleging it unlawfully sold gap insurance.
On Aug. 13, 2014, Lori D. Justice purchased a 2012 Ford Fusion from Thornhill Group in Logan and, as part of the purchase transaction, Justice also purchased “gap insurance” from Thornhill through CNA for $900, according to a complaint filed Feb. 9 in Logan Circuit Court.
Justice claims CNA was not licensed to sell insurance at any time by the West Virginia Offices of the Insurance Commissioner.
By failing to be licensed to sell the Gap Contract Insurance Policy, CNA violated West Virginia code and was therefore not entitled to collect premiums from any West Virginia consumer, according to the suit.
Justice claims by collecting premiums that it was not entitled to recover and selling an insurance product while not licensed to sell such a product, CNA violated West Virginia code.
Justice is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Jonathan R. Marshall and Maigreade B. Burrus of Bailey & Glasser; and Steven S. Wolfe and J. Christopher White of Wolfe, White & Associates.
The case is assigned to Circuit Judge Joshua Butcher.
Logan Circuit Court case number: 17-C-55
