MOUNDSVILLE – A Marshall County hospital owner and operator alleges that it has been damaged because of the actions of an insurance consultant and broker.
Reynolds Memorial Hospital Inc. filed a complaint Sept. 15 in Marshall Circuit Court against Homeland Insurance Co. of New York, OneBeacon Insurance Group LLC, Berry-Bippus-Chison & Foose Inc. and E.J. Joseph alleging negligence, breach of fiduciary duty and other counts.
According to the complaint, Berry-Bippus-Chison & Foose Inc. and Joseph are the plaintiff's insurance consultant and broker.
The suit states that in April 2016, Katherine Munsey filed a complaint against plaintiff and a physician alleging deviation from the standards of care. The suit states the plaintiff timely requested coverage, defense and indemnification under the Homeland Insurance Co. policy.
The plaintiffs allege that in April, Homeland notified it that it was denying coverage because of the claims asserted in the Munsey suit.
The plaintiff holds Homeland Insurance Co. of New York, OneBeacon Insurance Group LLC, Berry-Bippus-Chison & Foose Inc. and E.J. Joseph responsible because defendants BBCF and Joseph allegedly failed to procure adequate insurance coverage and/or limits of coverage to protect plaintiff from foreseeable losses.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, pre- and post-judgment interest, litigation costs, fees and expenses and all further relief as the court deems just and proper. It is represented by Robert P. Fitzsimmons, Mark A. Colantonio and Clayton Fitzsimmons of Fitzsimmons Law Firm PLLC in Wheeling. The case has been assigned to Circuit Judge David W. Hummel Jr.
Marshall Circuit Court case number 17-C-109