CHARLESTON — A Whitman property owner is suing Nationwide Property & Casualty Insurance Company, Kenneth R. Conaway, et. al., insurance and adjusters, citing alleged breach of contract, common law bad faith breach of fiduciary duty, and unfair trade practices.
Caleb Banks filed a complaint in Kanawha Circuit Court against the defendants alleging that they refused and failed to properly adjust, handle and pay his claims.
According to the complaint, Banks alleges that between Oct. 22, 2017, and July 16, 2018, a fire broke out at his residence. He submitted a claim for insurance benefits due and payable under his Nationwide policy. He also advised that a number of windows had been left open at his residence by the Nationwide representatives and that the house was sustaining water and mold damage. Banks also advised about a theft following the fire, but had not timely and fully received what is due to him pursuant to the policy. He holds Nationwide Property & Casualty Insurance Company, Kenneth R. Conaway, et. al. responsible because they allegedly made no timely payment for the theft and water damage claims and have not fully compensated him for the fire loss.
The plaintiff requests a trial by jury and seeks compensatory damages in an amount in excess of the court's jurisdictional limits, pre- and post-judgment interests, punitive damages, costs, attorneys' fees and other further relief the court and/or jury may determine. He is represented by Brent K. Kesner and Ernest G. Hentschel II of Kesner & Kesner PLLC in Charleston, and Robert V. Berthold Jr and Robert V. Berthold III of Berthold Law Office in Charleston, WV.
Kanawha Circuit Court Case number 18C1457
