Woman sues Huntington National Bank for unjust enrichment, breach of contract

By Kyla Asbury | Mar 21, 2018

CLARKSBURG – A woman is suing Huntington National Bank after she claims it refused to pay her money that she was owed from a Certificate of Deposit.

In 1982, The Oak Mound Bank issued Pina C. Price a CD in the amount of $10,000, according to a complaint filed Feb. 1 in Harrison Circuit Court and later removed to federal court.

Oak was acquired by Community Bank & Trust in 1986 and Community became part of Huntington in 1993. Price remained a customer throughout this time.

In 2017, Price presented the CD to the defendant for payment and was refused because the defendant maintained it could find no record of the CD due to its internal document retention policies, according to the suit.

Price claims the defendant further advised her that it only retained records for seven years and that she would have no recourse if any of her accounts were more than seven years old and that they had no record of any account of hers, even though she had an account with them in the past seven years.

The plaintiff’s CD has never been turned over to the state as unclaimed property and the Treasurer of the State of West Virginia has confirmed to her that it has never received money from the defendant or its predecessors on her behalf.

The defendant has breached its contract with Price by its refusal to pay the principal and accrued interest on the CD, according to the suit.

Price claims the defendant also breached its duty of good faith and fair dealing and has been unjustly enriched at her expense.

Price is seeking compensatory and punitive damages. She is being represented by Thomas G. Dyer of Dyer Law.

Huntington is represented by Jill Cranston Rice and Alex M. Greenberg of Dinsmore & Shohl.

U.S. District Court for the Northern District of West Virginia case number: 1:18-cv-00049

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Dinsmore & Shohl LLP - Charleston Dinsmore & Shohl LLP - Headquarters Huntington National Bank U.S. District Court for the Northern District of West Virginia Clarksburg Division

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