BECKLEY — Travelers is suing the owners of the Greenbrier Resort, alleging subrogation, fraud, conversion and unjust enrichment.
Travelers Property Casualty Company of America Inc filed a complaint in the U.S. District Court for the Southern District of West Virginia Beckley Division against Greenbrier Hotel Corporation and Old White Charities Inc., owner of The Greenbrier Resort and host of the Greenbriar Classic golf tournament, alleging refusal to remit payment of more than $96,000 to pthe laintiff for its indemnification of Select Event Group, Inc.
Travelers said it insured for losses sustained at The Greenbrier Resort in White Sulphur Springs during flooding that began June 23 ,2016.
According to the complaint, Travelers Property paid to its insured, Select Event Group, $96,116.65, for insured losses sustained on or after June 23, 2016, for which the defendants were liable to Select Event Group both under the SEG Contract and the forbearance agreement. The losses stemmed from the Greenbriar Classic PGA tournament being canceled due to storm and water damage.
Travelers said it notified the defendants of its subrogation claim and promptly provided proof of its claim to the defendants and its claims adjuster, VeriClaim. The plaintiff alleges Greenbrier Hotel Corporation and Old White Charities Inc were indemnified by their insurers for losses, including amounts for which the defendants were liable under the SEG contract, but have intentionally failed to remit payment.
Moreover, the suit alleges the defendants intentionally ignored repeated requests for payment and intentionally withheld information, including, without exception, that they had received payments prior to Jan. 11, 2017, from their insurers that were intended as payment for claims by entities such as Select Event Group and Travelers.
Travelers Property Casualty Company of America seeks $96,116.65, pre-and post-judgment interest until payment is made, punitive damages, legal fee, court costs and all other just and proper relief. They are represented by attorneys Robert H. Sweeney, and Charlotte Hoffrnan Noris of Jenkins Fenstermaker PLLC in Huntington.
U.S. District Court for the Southern District of West Virginia Beckley Division case number 5:18-cv-01076