Cabell County couple alleges insurance company breached contract

By Philip Gonzales | Oct 24, 2017

WINFIELD — A Cabell County couple is suing an insurance company, alleging breach of contractual duty.

Rebecca Lynn Foster and Barrie Franklin Foster of Hurricane filed a complaint Sept. 25 in Putnam Circuit Court against Auto Club Property Casualty Insurance Company, alleging failure to perform its contractual obligations.

According to the complaint, on Sept. 24, 2015, Rebecca Foster sustained injuries due to the negligence and reckless driving of Phyllis Thornton on Hurricane Creek Road in Hurricane. 

Foster has suffered pain and suffering, annoyance, lost wages and medical expenses, while Barrie Foster suffered loss of spousal consortium. The plaintiffs alleged Auto Club Property Casualty failed to reasonably negotiate the plaintiffs claim and/or to defend this matter in place of Thornton.

The Fosters seeks trial by jury, compensatory and punitive damages, pre- and post-judgment interest, attorney fees and expenses, and all other just and appropriate relief. They are represented by attorneys Robert D. Cline Jr., Robert A. Campbell and Jennifer D. Roush of Farmer, Cline & Campbell PLLC in Charleston.

Putnam Circuit Court case number 17-C-195

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Farmer Cline & Campbell PLLC Farmer, Cline & Campbell, PLLC Putnam Circuit Court

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