Couple claims insurance company breached contract

By Noddy A. Fernandez | Dec 26, 2018

CHARLESTON — A couple is suing an insurance company, citing alleged breach of contract.

Paul E. Atkisson and Diana L. Atkisson filed a complaint in Kanawha Circuit Court against State Farm Mutual Automobile Insurance Company alleging that it breached the underinsured motorist coverage provisions of its insurance contract with the plaintiffs by wrongfully refusing to pay its first party insureds all sums legally entitled.

According to the complaint, on Nov. 14, 2016, Paul E. Atkisson sustained serious, permanent and disabling injuries in an automobile accident causing Diana L. Atkisson to lose the support of her husband. 

Because of the accident, the plaintiffs claim they are entitled to recover substantial damages of $254,419.39. Despite demands and providing all of the documents and records necessary to properly evaluate and settle the first party underinsured motorist injury claim, however, State Farm allegedly did not tender any payment. 

The plaintiffs hold State Farm Mutual Automobile Insurance Company responsible because it allegedly failed and refused to make any payment under the underinsured motorist coverage and failed to make a written response to the Atkissons' repeated demands for settlement under the policy.

The plaintiffs request a trial by jury and seek judgment for all sums legally entitled, costs, attorney fees, damages, interest, and such other relief as may be warranted under the facts developed as the case proceeds. They are represented by Harvey D. Peyton and Thomas H. Peyton of Peyton Law Firm, PLLC in Nitro.

Kanawha Circuit Court Case number 18-C-1411

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Kanawha Circuit Court Peyton Law Firm, PLLC

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