CHARLESTON – A Gallagher couple alleges that their insurer has failed to offer a reasonable settlement to their underinsured motorist claim.
John McBrayer and Virginia McBrayer filed a complaint Oct. 10 in Kanawha Circuit Court against Hartford Insurance Co. of the Midwest alleging breach of contract.
According to the complaint, the plaintiffs allege that on Oct. 20, 2015, John McBrayer sustained injuries to his neck, back, shoulder and other parts of his body as a result of a motor vehicle accident caused by an underinsured motorist on Interstate 77 in Kanawha County.
The suit states that at the time of the collision, the plaintiffs were insured under a policy through the defendants and demanded underinsured motorist coverage to cover John McBrayer's injuries. They allege the defendant has yet to make a fair and reasonable settlement offer to compensate the plaintiffs for their harms and losses.
The plaintiffs request a trial by jury and seek compensatory and punitive damages, plus interest, attorney's fees, costs and all further relief as the court deems just and proper. They are represented by Tony L. O'Dell of Tiano O'Dell PLLC in Charleston. The case has been assigned to Circuit Judge Jennifer F. Bailey.
Kanawha Circuit Court Case number 17-C-1394