HUNTINGTON – A Virginia corporation alleges a New York corporation unlawfully charged it in a legal matter that occurred in a West Virginia court.

General Assurance of America filed a complaint in U.S. District Court for the Southern District of West Virginia against Arch Insurance Co. alleging breach of contract.

According to the complaint, the defendant was involved in litigation in 2012 and filed a cross-claim against the plaintiff to defend and indemnify it. The suit states the defendant later settled the matter and failed to include the plaintiff in the settlement. The plaintiff also alleges the defendant unlawfully charged $120,000 and withheld earned commissions that were due and owing under an agreement.

The plaintiff asks that the court hold the defendant in civil contempt for refusal to obey court orders in the underlying litigation and for the return of attorney fees and costs.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, plus interest, attorney fees and costs incurred in the pursuit of this matter and all other additional relief allowed by law. It is represented by Roy D. Baker Jr. of Baker Law Offices PLLC in Huntington.

U.S. District Court for the Southern District of West Virginia case number 3:17-cv-04628




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