CHARLESTON – A lawsuit against Hartford Insurance Company of the Midwest alleging it failed to offer a reasonable settlement to an underinsured motorist claim has been removed to federal court.
Complete diversity exists between the plaintiffs, John McBrayer and Virginia McBrayer, and Hartford, according to the Nov. 17 notice of removal.
“Although defendant will dispute on the merits the amount of recovery to which plaintiffs are entitled, the complain and this notice of removal establish that the amount in controversy in this matter exceeds $75,000, exclusive of interest and costs,” the notice states.
The McBrayers initially filed their complaint Oct. 10 in Kanawha Circuit Court, alleging breach of contract.
The McBrayers claim 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.
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, according to the suit.
The plaintiffs claim Hartford has yet to make a fair and reasonable settlement offer to compensate the plaintiffs for their harms and losses.
The McBrayers are seeking compensatory and punitive damages with interest. They are being represented by Tony L. O'Dell of Tiano O'Dell.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-04384