Cardiologist alleges West Virginia Mutual Insurance breached contract with failure to indemnify

By Carrie Bradon | Jun 10, 2019

WHEELING – A cardiologist alleges his insurer has failed to provide coverage for him in relation to a malpractice lawsuit filed by a nurse.

Robert J. Fanning Jr., D.O. filed a complaint in Ohio Circuit Court against West Virginia Mutual Insurance Co. alleging breach of insurance contract.

The suit states that the plaintiff is a defendant in a civil action in Ohio Circuit court over allegations of assault and battery, invasion of privacy and medical malpractice. The plaintiff alleges at times relevant to the action, he was covered by a policy issued by the defendant.

The plaintiff alleges the defendant has refused to provide him with indemnification and/or coverage in breach of his policy.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by David A. Jividen of Jividen Law Offices PLLC in Wheeling.

The case has been assigned to Circuit Judge Ronald E. Wilson.

Ohio Circuit Court case number 19-C-105

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