Woman sues Garrison Property & Casualty Insurance for breach of contract

By From staff reports | Oct 5, 2017

CHARLESTON – A woman is suing Garrison Property & Casualty Insurance Company after she claims it breached its contract with her by denying a claim.

USAA Casualty Insurance Company and Joseph D. Schlanger were also named as defendants in the suit.

On June 30, Phuong T. Bui discovered that a water line inside a home she owned in Morgan County had ruptured, causing water to damage to the home, according to a complaint filed Aug. 15 in Kanawha Circuit Court and removed to federal court on Sept. 15.

Bui claims on July 1, she was not given any instruction regarding who she should contact for remediation or how to mitigate against additional damage at the insured premises.

On July 2, Bui sent ten photographs to the defendants, which were taken prior to remediation and which depicted the water damages at the premises, according to the suit.

Bui claims she received no response from the defendants. Later that day, VA Building Services arrived at the premises to begin remediation at the premises, upon her request.

On July 6, having heard nothing from the defendants after several contacts, Bui again called the defendants and spoke with a different adjuster for the defendant and assured her that the water damage would be covered, according to the suit.

Bui claims the adjuster told her to send photographs of the remediation work being performed and she complied the photographs and sent them to the defendants.

On July 10, having still not received a response from the defendants, Bui called again and spoke to another adjuster who, again, assured her that the damage would be covered and requested her to send a repair estimate, according to the suit.

Bui claims on July 14, she sent a repair estimate and, having heard nothing, called the defendants on July 19 and was informed that the claim was denied because it looked like the damage was more than 14 days old.

The estimated cost of repairing the premises due to the water line rupture exceeds $32,000, according to the suit.

Bui claims the defendants breached their contract with her and breached their fiduciary duty.

Bui is seeking compensatory and punitive damages. She is being represented by Brent K. Kesner and Ernest G. Hentschel II of Kesner & Kesner.

The defendants are being represented by Denise D. Pentino and Christopher J. Prezioso of Dinsmore & Shohl.

U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-03991

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Organizations in this Story

Dinsmore & Shohl LLP - Charleston Kesner & Kesner, PLLC U.S. District Court for the Southern District of West Virginia Charleston Division

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