CHARLESTON – A bank is facing a lawsuit from a Belle woman over allegations it cashed two insurance checks without her authorization.
Susan J. Nikbeen filed a complaint in Kanawha Circuit Court against Fifth Third Bank citing the West Virginia Consumer Credit and Protection Act, unjust enrichment and other counts.
The suit states the plaintiff and Ehsan Nikbeen were issued two checks from Erie Insurance Property and Casualty Co. The plaintiff alleges she learned in January 2018 the defendant cashed the checks without her knowledge, authorization or signature. She alleges the defendant violated the state's consumer protection laws and negligently handled the matter.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Troy N. Giatras of The Giatras Law Firm PLLC in Charleston.
The case has been assigned to Judge Joanna Tabit.
Kanawha Circuit Court case number 19-C-413