Injured motorist accuses insurance company of breach of contract

By Lhalie Castillo | Apr 16, 2018

CHARLESTON — An injured motorist is suing a licensed insurer, alleging breach of contract.

Daniels S. Rainey of Kanawah County filed a complaint March 13 in Kanawha Circuit Court against Erie Insurance Property & Casualty Company, alleging failure to provide proper coverage. 

According to the complaint, on Oct. 21, 2003, Rainey was injured in a motor vehicle collision caused by the carelessness of an underinsured motorist. As a result of Erie's wrongful conduct, the suit says, Rainey has been economically damaged for being deprived of the underinsured motorist coverage benefits due under Erie's insurance policy. 

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

Rainey seeks trial by jury, and seeks compensatory and punitive damages of more than $100,000, plus interest, attorney fees, court costs and all further relief the court deems just and proper.

Kanawha Circuit Court Case number 18-C-266

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