West Virginia Record

Monday, February 24, 2020

Car crash victim alleges liability insurer failed to cover

By Lhalie Castillo | Apr 17, 2018

Car accident 32

CHARLESTON — A Fayette County woman is suing a liability insurer, alleging breach of duty.

Jinny Denny filed a complaint March 13 in Kanawha Circuit Court against Erie Insurance Property & Casualty Company alleging violation of the West Virginia Unfair Trade Practices.

According to the complaint, on April 6, 2015, Denny was injured as a result of the negligence of an under-insured motorist. Due to defendant's conduct, the suit says, Denny has been economically damaged from being deprived of the under-insured motorist coverage benefits due to her under the Erie policy. 

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.

Denny 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-265

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Organizations in this Story

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