Glen Dale property owners allege insurer breached contract with denial of heating oil spill claim

By Philip Gonzales | Jan 23, 2018

MOUNDSVILLE – The owners of a Glen Dale property are seeking coverage from their insurer after their home and business were allegedly damaged by a home heating oil spill.

Richard and Mimi Logston filed a complaint on Dec. 26, 2017, in the Marshall Circuit Court against Erie Insurance Property and Casualty Co. alleging breach of contract.

According to the complaint, the plaintiffs allege that on Oct. 18, 2017, their property was damaged due to a home heating oil spill that flooded the basement area of their business and residence. The suit states they submitted a claim to the defendant, but the defendant denied the claim because it considered the oil a pollutant, which it claimed is not covered under the policy.

The plaintiffs allege that home heating oil does not meet the policy definition of a pollutant.

The plaintiffs request a trial by jury and seek damages in an amount within the jurisdictional limits of the court, attorney's fees, costs and expenses, pre- and post-judgment interest and such other and further relief. They are represented by Scott S. Blass of Bordas & Bordas PLLC in Wheeling. The case has been assigned to Circuit Judge Jeffrey Cramer.

Marshall Circuit Court case number 17-C-268

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Organizations in this Story

Bordas & Bordas PLLC Erie Insurance Inc Marshall Circuit Court

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