Estate representative alleges liability insurer failed to pay

By Philip Gonzales | Apr 16, 2018

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

Terrie Morgan Fowler, individually and as representative of the estate of James L. Morgan, 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 March 19, 2007, James Morgan suffered fatal injuries and died due to the carelessness of an under-insured motorist. As a result of Erie Insurance's conduct, the suit says, Fowler was deprived of the under-insured motorist coverage benefits due to a decedent under the insurance policy issued by Erie. 

The suit says Erie has been obligated to pay the plaintiff $100,000 for under-insured motorist benefits coverage.

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

Fowler seeks trial by jury, compensatory and punitive damages, pre- and post-judgment interest, attorney fees, court costs and all other just and proper relief. 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-261

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