CHARLESTON – A Putnam County resident alleges he was injured in an accident in Kanawha County and that his insurer refused to offer a reasonable settlement.
Patrick Fenimore filed a complaint in Kanawha Circuit Court against Encompass Indemnity Co.; Jeffrey Callahan; and Alicia Callahan alleging breach of contract and other counts.
According to the complaint, the plaintiff alleges that on April 3, 2017, he was driving on Route 60 in Kanawha County when Alicia Callahan caused a T-bone collision. The suit states Alicia Callahan was driving a vehicle owned by Jeffrey Callahan.
The plaintiff alleges he presented a claim for benefits to Encompass because Jeffrey Callahan's insurance policy's limits were inadequate to compensate the plaintiff for his injuries. He alleges Encompass offered an unreasonably low offer of $20,000 instead of the underinsured motorist coverage limit of $100,000 he requested in breach of the policy.
The plaintiff requests a trial by jury and seeks compensatory damages, prejudgment and post-judgment interests, punitive damages, costs and attorneys' fees. He is represented by Robert V. Berthold Jr. and Matthew C. Berthold of Berthold Law Firm PLLC in Charleston.
The case has been assigned to Circuit Judge Jennifer F. Bailey.
Kanawha Circuit Court case number 18-C-800