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WEST VIRGINIA RECORD

Wednesday, April 24, 2024

Business owner charges breach of contract, negligence by insurer

Lawsuits
Insurance 04

ELIZABETH — A business owner is suing Westfield Insurance Company, Bill Bailey Ins. Agency Inc. d/b/a The Reed Sturm Insurance Agency, and Thomas Seymour, insurer, citing alleged bad faith, breach of contract and negligence.

Lisa Cooper filed a complaint in Wirt Circuit Court against the defendants alleging that they breached its duty of good faith and fair dealings.

According to the complaint, the plaintiff alleges that she was caused to suffer the consequences of uninsured risk and significant annoyance, inconvenience, aggravation and worry, and has suffered monetary injury for paying legal fees and other expenses to defend and/or indemnify plaintiff against a case filed by her former employee, Georgie Gaglione, to which the defendants refused to provide coverage for under the Commercial General Liability Coverage Policy they initially sold to plaintiff. 

The plaintiff holds Westfield Insurance Company, Bill Bailey Ins. Agency Inc. d/b/a The Reed Sturm Insurance Agency, and Thomas Seymour responsible because the defendants allegedly failed their duty to defend and indemnify plaintiff, and refused to timely review and adequate investigation of plaintiff's claim.

The plaintiff requests a trial by jury and seeks judgment against defendants for compensatory and punitive damages, attorney's fees, interest, and further relief as the court deems just. She is represented by Todd Wiseman of Wiseman Law Firm PLLC in Vienna.

Wirt Circuit Court Case number 18-C-10

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