West Virginia Record

Monday, February 24, 2020

Injured Putnam Co. motorist alleges insurance company breached contract

By Lhalie Castillo | Apr 13, 2018

Car accident 39

CHARLESTON — A Putnam County woman is suing a licensed insurer, alleging citing alleged breach of contract and unfair practices.

Tiffany Witt-Snyder filed a complaint March 13 in Kanawha Circuit Court against Erie Insurance Property & Casualty Company alleging failure to cover damages caused by an under-insured motorist and violation of Unfair Trade Practices Act. 

According to the complaint, on June 19, 2005, Witt-Snyder was injured in a motor vehicle collision caused by the carelessness of an under-insured motorist. As a result of Erie's breach, she has been economically damaged for being deprived of the under-insured motorist coverage benefits due to her under the insurance policy issued by the defendant. 

The suit says Erie has paid Witt-Snyder $50,000 but it is not enough to cover the injuries and damages she sustained in the crash

The plaintiff alleges Erie Insurance Property & Casualty has failed to make a commercially reasonable offer of under-insured motorist coverage and failed to pay additional coverage equal to the policy limits.

Witt-Snyder seeks trial by jury, compensatory and punitive damages, plus interest, attorney fees, court costs and all further relief the court deems just and proper. She is represented by attorneys Brent K. Kesner and Ernest G. Hentschel II of Kesner & Kesner PLLC in Charleston, and by Carrie L. Newton of Ripley.

Kanawha Circuit Court case number 18-C-264

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Organizations in this Story

Kesner & Kesner, PLLCKanawha Circuit CourtCarrie L. Newton, Attorney at Law