Insurance company alleges Buffalo-based law firm owes nearly $9,000

By Noddy A. Fernandez | Jun 27, 2018

MOUNDSVILLE — An insurance company is suing a Buffalo law firm, alleging breach of duty and legal malpractice.

Cincinnati Insurance Company, as subrogee of Allen K. Jaworski Jr., filed a complaint May 10 in Marshall Circuit Court against Atkins & Ogle Law Offices LC, Paul S. Atkins, James B. Atkins, and Bree Whipp Ogle, alleging the defendants failed to file a lawsuit within the two-year statute of limitations.

According to the complaint, in its attempt to recoup payment made to Jaworski regarding a vehicle crash between Jaworski and Joe Doty, Cincinnati Insurance was referred to the defendants in order to pursue its filling of subrogation claims. 

However despite being informed that the lawsuit have been filed, the defendants allegedly never filed the lawsuit prior to the expiration of the two-year statute of limitations. 

As a result, the suit says Cincinnati Insurance is now barred from bringing a subrogation against the vehicle driver, Joe Doty. 

The plaintiff alleges the defendants failed to protect its clients' interests by filling suit within the statutory limitation of time for doing so.

Cincinnati Insurance seeks trial by jury, payment in the amount paid by Cincinnati Insurance of $8,858.69, plus attorney fees, court costs, pre and post-judgment interest and all statutory other just relief. It is represented by attorney Jonathan C. Beech of Poerio & Walter Inc. in Pittsburgh.

Marshall Circuit Court case number 18-C-86C

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Marshall Circuit Court Poerio & Walter, Inc.

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