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Thursday, April 25, 2024

Insurance company accuses towing service of trespassing, conversion of personal property

Lawsuits

CHARLESTON — An insurance company is suing Elkview towing service providers, alleging trespassing and conversion of personal property.

AGCS Marine Insurance Company Inc. filed a complaint in Kanawha Circuit Court against William M. Young, doing business as Mitch's 24 Hour Towing and Storage and K & N Contracting Inc.,alleging they wrongfully refused to allow AGCS to take possession of its insured cargo.

According to the complaint, on April 25, AGCS Marine's insured cargo was damaged when the trailer transporting it caught fire in or near Elkview. The suit says Mitch's 24- Hour Towing and Storage provided equipment and services necessary to conduct recovery and store the insured cargo for a cost of $13,080.. 

The plaintiff alleges Mitch's says storage fees would exceed $500,000. AGCS Marine The plaintiff says the defendants continue to exert dominion, control and possession of the insured cargo without legal rights to do so.

AGCS Marine Insurance seeks trial by jury, an order requiring the defendants return the plaintiff's insured cargo, all damages, attorney fees, court costs and expenses and all other proper and just relief. It is represented by attorney Michael D. Crim of McNeer, Highland, McMunn and Varner LC in Clarksburg.

Kanawha Circuit Court case number 18-C-965

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