Insurer sues Glow Worm Coal Company for breach of contract

By Philip Gonzales | Feb 15, 2019

CHARLESTON — A licensed insurer is suing Glow Worm Coal Company, a client, citing alleged breach of duty and unjust enrichment.

Brickstreet Mutual Insurance Company filed a complaint against the defendant in Kanawha Circuit Court, alleging that the client failed to perform its contractual obligations. According to the lawsuit, the plaintiff alleges that between Feb. 19 and March 25, 2018, it provided the defendant with workers' compensation and employer's liability insurance.

As a result of the defendant's breach, the plaintiff claims it has suffered damages in the amount of $27,276, and other consequential and incidental damages. The plaintiff holds Glow Worm Coal Company responsible because the defendant allegedly failed to pay the premium owed to the plaintiff and has been unjustly enriched at the expense of plaintiff.

The plaintiff requests a trial by jury and seeks judgment in its favor in the amount of $27,276, attorney's fees, costs, interest and such other just and proper relief. It is represented by Arnold J. Janicker and Steven P. Turner of Jenkins Fenstermaker PLLC in Huntington.


Kanawha Circuit Court Case number 19-C-23

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Jenkins Fenstermaker, PLLC Kanawha Circuit Court

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