Woman says insurer failed to pay claim after 2012 derecho

By Staff reports | Sep 8, 2017

CHARLESTON – A woman is suing American National Property & Casualty Company after she claims it failed to pay a home insurance claim after the 2012 derecho.

CHARLESTON – A woman is suing American National Property & Casualty Company after she claims it failed to pay a home insurance claim after the 2012 derecho.

On June 29, 2012, Tara L. Jackson’s home suffered severe damage as a result of the derecho that hit southern West Virginia and caused widespread destruction, according to a complaint filed July 11 in Fayette Circuit Court and removed to federal court on Aug. 10.

Jackson claims her home was insured by the defendant and the defendant has failed and refused to pay her homeowner’s claim for damages resulting from the derecho.

As a result of the defendant’s failure and refusal to fulfill its contractual obligations, Jackson has suffered damages by way of unpaid insurance proceeds and damages because her house was not repaired in a timely fashion, according to the suit.

Jackson claims the defendant violated the West Virginia Unfair Trade Practices Act and that it had a duty to promptly and fairly respond to her claim and attempt to settle such a claim.

The plaintiff made a demand for payment under the insurance policy and the defendant breached its contract by failing to pay the claim, according to the suit.

Jackson is seeking compensatory damages. She is being represented by Kevin B. Burgess, Christopher B. Frost and Steven R. Broadwater Jr. of Hamilton Burgess Young & Pollard.

ANPCC is represented by Lou Ann S. Cyrus and Dominick R. Pellegrin of Shuman McCuskey & Slicer.

U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-03802

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