WHEELING — A Wheeling couple is suing Safeco Insurance, alleging constructive fraud and misrepresentation.

Rusty Jewell and Ro Jewell filed a complaint Oct. 2 in Ohio Circuit Court against Safeco Insurance Company of America, Kathy Grant and Citywide Insurance & Financial Services Inc., alleging they violated the covenant of good faith and fair dealing.

According to the complaint, on Aug. 7, 2015, the Jewells sustained significant injuries as a result of a motor vehicle crash with Gene Miller. As a result of the crash, the suit says, Rusty Jewell required hip replacement surgery with medical expenses of more than $100,000.

On May 26, 2017, the Jewells say they requested the defendants to consent to a settlement and waive subrogation and demanded policy limits of $50,000. As a result of defendants actions, the suit says, they have suffered a loss of insurance benefits, annoyance and emotional distress. 

The plaintiffs allege the defendants did not consent to a settlement and waive subrogation and denied their under-insured motorist's coverage claim.

The Jewelles seek trial by jury compensatory and punitive damages, legal fees, costs and interest and all further relief the court deems just and proper. They are represented by attorneys Robert P. Fitzsimmons of Fitzsimmons Law Firm PLLC in Wheeling, by Don A. Yannerella of Wheeling, and by Quan S. Le, of Wheeling.

Ohio Circuit Court case number 17-C-279

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