West Virginia Record

Sunday, September 22, 2019

Woman sues after insurance company denies her claim

Lawsuits

By Jenie Mallari-Torres | Jan 24, 2019


WINFIELD — A West Virginia resident is suing a licensed insurer, citing alleged negligence and/or reckless conduct.

Debra Jean Randolph filed a complaint in Putnam Circuit Court against Erie Insurance Property & Casualty Company alleging that it failed in its duty to fairly and reasonably negotiate her claim.

According to the complaint, Randolph alleges that on Dec. 28, 2016, while she brought her vehicle to a stop for the traffic light at the intersection of Highway 817 in Winfield, Nathan Mynes failed to bring his vehicle to a stop and struck the rear of her vehicle. As a result, she suffered injuries, including lost wages, pain and suffering, physical limitation, diminished enjoyment of life, annoyance, inconvenience and medical expenses that exceeded the limit of Mynes's insurer, Geico. 

The plaintiff holds Erie Insurance Property & Casualty Company responsible because it allegedly refused to pay her for the value of her claim under the uninsured/underinsured motorist insurance policy and forced her to retain and pay for the services of legal counsel.

The plaintiff requests a trial by jury and seeks judgment against the defendant for compensatory and punitive damages, interest, attorney's fees, expenses and further relief as the Court deems just. She is represented by Robert D. Cline Jr., Robert A. Campbell and Jennifer D. Roush of Farmer, Cline & Campbell PLLC in Charleston.

Putnam Circuit Court Case number 18-C-219

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Putnam Circuit Court

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