Woman accuses Westfield Insurance Company of breach of contract

By From staff reports | Sep 29, 2017

HUNTINGTON – A woman is suing Westfield Insurance Company after she claims it failed to pay underinsured motorist benefits.

HUNTINGTON – A woman is suing Westfield Insurance Company after she claims it failed to pay underinsured motorist benefits.

On Aug. 14, 2015, Krista D. Capehart was operating her vehicle and stopped at a stop sign at the end of Slab Fork Road, adjoining the Coalfields Expressway, when her vehicle was violently struck at high speed on the front left side by a motor vehicle operated by Robert Cooper, according to a complaint filed Aug. 14 in Putnam Circuit Court and removed to federal court on Sept. 15.

Capehart claims the collision was solely caused by the recklessness, carelessness and negligence of Cooper.

As a direct and proximate result of the negligence of Cooper, the plaintiff suffered injuries and incurred special damages, according to the suit.

Capehart claims she settled her claim against Cooper for the liability policy of insurance for the policy limits and asserted a claim against Westfield for underinsured motorist benefits under the policy of insurance with the defendant.

Westfield breached its contract with Capehart, according to the suit.

Capehart claims the defendant’s policy provides that it is required to pay the plaintiff all sums that she is legally entitled to recover from a negligent operator of a vehicle that is underinsured and the defendant is therefore responsible for payment to the plaintiff of the underinsured motorist coverage benefits afforded to her by her policy of insurance with the defendant.

The defendant has refused to pay the plaintiff the reasonable value of her claim for personal injuries under the policy of insurance, according to the suit.

Capehart claims the defendant has breached its duties and obligations to the plaintiff under the insurance policy by its failure to offer her a fair and reasonable settlement of her underinsured motorist claim.

The defendant’s refusal to complete the settlement of the claim has continued, despite the fact that the defendant’s liability to the plaintiff is and has been reasonably clear, according to the suit.

Capehart is seeking compensatory and punitive damages. She is being represented by James B. Atkins of Atkins & Ogle Law Offices.

Westfield is represented by Brent K. Kesner and Tanya M. Kesner of Kesner & Kesner.

U.S. District Court for the Southern District of West Virginia case number: 3:17-cv-03988

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