WHEELING — A charity organization and an insurance company are suing Burlington Insurance, alleging breach of contract.
Upper Ohio Valley Italian Heritage Festival Inc. and AIG Property Casualty Inc. filed a complaint in Ohio Circuit Court against Burlington Insurance Company, alleging refusal to to grant the plaintiff's insurance claim.
According to the complaint, the plaintiffs incurred damages ,including financial losses, when Burlington refused to grant them their insurance claim. The plaintiffs allege Burlington Insurance has a duty under the terms and conditions of policy insurance to provide the insured with a defense against any suit seeking damages because of bodily injury.
Additionally, under the doctrine of equitable subrogation, AIG says it is entitled to reimbursement.
The plaintiffs seek trial by jury, $59,439.67 in damages, plus punitive damages, pre- and post-judgment interests, court costs and attornes fee. 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