HUNTINGTON – A Huntington woman alleges she suffered consequential economic loss because of the actions of her insurer.
Timbalena Wilburn filed a complaint on July 10 in the Cabell Circuit Court against State Farm Mutual Automobile Insurance Co. alleging breach of common law and statutory insurance bad faith.
According to the complaint, the plaintiff alleges that on July 7, 2014, she suffered bodily injuries when her vehicle was struck from behind by a third party in Huntington. The suit states the plaintiff made a demand from the third party's insurance carrier for the payment of policy limits in exchange for a release of liability, but the defendant refused to consent to the settlement and preserved its right of subrogation.
The suit states the defendant failed to file a civil action before the statute of limitations expired. She alleges that she made a demand for the settlement before the statute of limitations expired, but the defendant failed to communicate with her or counsel.
The plaintiff requests a trial by jury and seeks all damages, pre- and post-judgment interest, costs of this action and such other just and proper relief. She is represented by Thomas H. Peyton of Peyton Law Firm PLLC in Nitro. The case has been assigned to Circuit Judge Alfred E. Ferguson.
Cabell Circuit Court case number 17-C-399