BECKLEY – A rental company is suing Greenbrier Hotel after it claims it breached its contract and was unjustly enriched at the rental company’s expense.

Old White Charities and John Doe Insurance Companies 1 through 20 were also named as defendants in the suit.

From 2011 to 2016, The Greenbrier rented on an annual basis various equipment from Special Event Service and Rental, according to a complaint filed Dec. 4 in the U.S. District Court for the Southern District of West Virginia.

SESR claims on June 1, 2016, it proposed to lease to The Greenbrier the equipment for use at the 2016 Greenbrier Classic to be held at the Greenbrier Resort in White Sulphur Springs.

The proposal provided that the leasing of equipment The Greenbrier from SESR was to be on the terms and conditions set forth in the rental agreement, according to the suit.

SESR claims the defendants accepted the proposal and agreed to rent the equipment for $128,475.

On June 23, 2016, while SESR’s equipment was being leased by the defendants, the equipment was damaged and/or destroyed, resulting in a loss to SESR, according to the suit.

SESR claims the loss sustained as a result of the damage and/or destruction of SESR’s equipment was $622,980.90.

On Sept. 20, 2016, SESR submitted a notice of claim to The Greenbrier in the amount of $622,980.90 and requested that The Greenbrier submit SESR’s claim to The Greenbrier’s insurers, according to the suit.

In December 2016, SESR was informed that the insurers had accepted and agreed to pay the losses in the amount of $622,980.90, according to the suit. In January, when payment was not received, SESR demanded the insurers make immediate payment to SESR for the losses.

SESR claims on May 18, it notified The Greenbrier that it had not been paid for the losses and demanded payment.

On Aug. 31, The Greenbrier made an offer to settle the claim made by SESR for the sum of $618,980.90, according to the suit.

SESR claims it accepted the offer on Sept. 1, and, thereafter, The Greenbrier refused and/or failed to pay SESR the sum which it had agreed to pay pursuant to the settlement agreement.

On Sept. 14, The Greenbrier submitted a claim for insurance benefits to the insurance companies, seeking to recover insurance benefits for losses sustained and sought to recover $622,980.90, according to the suit.

SESR claims the defendants breached its contract and were unjustly enriched at SESR’s expense.

SESR is seeking compensatory and punitive damages. It is being represented by Mark A. Colantonio and Robert J. Fitzsimmons of Fitzsimmons Law Firm.

U.S. District Court for the Southern District of West Virginia case number: 5:17-cv-04466

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Fitzsimmons Law Firm, PLLC




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