WHEELING — A consulting firm is suing a car rental service and an insurance company, alleging breach of contract, fraud and unjust enrichment in failing to pay more than $22,000.
David Stanley Consultants LLC and Mark Ash Jr. filed a complaint in Ohio Circuit Court against EAN Holdings LLC, Rental Insurance Services Inc. and Empire Fire and Marine Insurance Company, alleging the defendants breached a rental agreement and the insurance purchased by plaintiffs by denying or interfering with their right to receive the benefits conferred under the agreement and products purchased.
According to the complaint, on July 5, 2017, the parties entered into a written rental agreement with Enterprise that a vehicle would be used primarily by Nathan Crawford to travel to and from work with David Stanley.
The plaintiffs say they relied on the defendants' promises that all purchased insurance and other products and extras offered them would remove them from being liable for any damage to the rented vehicle.
However, the plaintiffs allege, after the rental vehicle was involved in an accident, the defendants pursued them, saying they owed $22,139.39 for the cost of the vehicle and other incidental and consequential damages.
The plaintiff allege EAN Holdings, Rental Insurance Services and Empire Fire and Marine Insurance encouraged the rental by David Stanley Consultants and Ash and then improperly disclaimed the protection purchased by the plaintiffs and failed to provide any information on the insurance policy, products and other protection purchased.
David Stanley Consultants and Ash seek trial by jury, damages of $22,139.39, plus,costs and pre- and post-judgment interest, attorney fees, and all other relief just and proper relief. They are represented by attorneys Holly S. Planinsic and Jacquelyn J. Cowan of Herndon, Morton, Herndon & Yaeger in Wheeling, and by Robert P. Fitzsimmons of Fitzsimmons Law Firm PLLC in Wheeling.
Ohio Circuit Court case number 18-C-152