WHEELING — An Italian festival organizer and an insurer are suing another insurance company, alleging breach of the insurance contract and common law bad faith.
Upper Ohio Italian Heritage Festival Inc. and AIG Property Casualty Inc. filed a complaint April 13 in Ohio Circuit Court against The Burlington Insurance Company, alleging violation of good faith and fair dealing.
According to the complaint, on June 24, 2015, Upper Ohio Italian Heritage Festival filed a third party complaint against the defendant's insured, JCJ Amusements LLC, seeking a complete defense and reimbursement for all amounts expended in relation to the defense of an alleged fall that occurred at the 2012 Italian Festival.
As a result of the defendant's conduct, AIG says it has paid $56,939.67 in attorney's fees and costs in defending its insured and that the festival has incurred a deductible costs of $2,500. The plaintiffs allege Burlington Insurance has failed to pay claims without conducting a reasonable investigation and failed to provide reasonable explanation.
Upper Ohio Italian Heritage Festival and AIG seek trial by jury judgment of $59,439.67, punitive damages, pre- and post-judgment interest, attorney fees, costs and all other just and proper relief. They are represented by attorneys Mark A. Kepple and Morgan S. McKee of Bailey & Wyant PLLC in Wheeling.
Ohio Circuit Court case number 18-c-79