FAYETTEVILLE – A Hico homeowner alleges her insurer has failed to pay for damages to her property from the 2012 derecho that affected the state.
Tara L. Jackson filed a complaint on July 6 in the Fayette Circuit Court against American Property and Casualty Insurance Co. alleging violation of the West Virginia Unfair Trade Practices Act and violation of duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that on June 29, 2012, her home suffered severe damage as a result of derecho that hit southern West Virginia. The suit states that at the time of the weather event, her home was insured by American National. She alleges that the defendant has failed and refused to pay her homeowner's claim for damages.
Due to the allegedly unpaid insurance proceeds, her house was not repaired in a timely fashion and she claims she was caused to suffer annoyance, inconvenience and aggravation.
The plaintiff requests a trial by jury and seeks general damages, plus interest, attorney's fees and costs. She is represented by Kevin B. Burgess, Christopher B. Frost and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville. The case has been assigned to Circuit Judge John W. Hatcher Jr.
Fayette Circuit Court case number 17-C-238