Lumber Sales challenges insurance company's denial of workers' compensation claim

By Wadi Reformado | Sep 5, 2017

WILLIAMSON – A Mingo County corporation and its members are seeking the court's help regarding coverage for a workers' compensation claim.

Lumber Sales LLC, formerly known as J. Ferrell Lumber Sales Inc.; Jonathan Ferrell; and Chrissy Ferrell filed a complaint Aug. 14 in Mingo Circuit Court against Travelers Property Casualty Co. of America and BB&T Insurance Services Inc. seeking declaratory judgment and alleging breach of contract and other counts.

According to the complaint, the plaintiffs are insureds under a workers' compensation and employer's liability insurance policy issued by Travelers and sold by BB&T. The suit states Johnathan Ferrell filed a workers' compensation claim after an injury in September 2015 but Travelers has denied the claim. The suit states Travelers contends that BB&T failed to obtain West Virginia Workers' Compensation coverage for Lumber Sales.

The plaintiffs seek declaration of the available coverage, all damages, all other damages, interest, all legal fees and any other relief as the court deems just. They are represented by Stephen P. New and Amanda J. Taylor of The Law Office of Stephen P. New in Beckley. The case has been assigned to Circuit Judge Miki J. Thompson.

Mingo Circuit Court case number 17-C-136

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