CHARLESTON — A Kanawha County man is suing a liability insurer, alleging breach of an insurance contract.
Jon Arnold, individually and as personal representative of the estate of Jonathan K. Lyons, 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 Oct. 15, 2000, Lyons suffered fatal injuries in a vehicle crash and died due to the carelessness of an underinsured motorist. As a result of defendant's wrongful conduct, Arnold says he was deprived of the underinsured motorist coverage benefits due him under the insurance policy issued by Erie.
The plaintiff alleges Erie Insurance Property & Casualty has failed to make a commercially reasonable offer of underinsured motorist coverage and failed to pay coverage equal to the amount specified in the insurance policy.
Arnold seeks trial by jury, compensatory and punitive damages, pre- and post-judgment interest, attorney fees, court costs and all other just and proper relief. He 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-263