MOUNDSVILLE – A Moundsville woman alleges her insurer failed to timely pay her claim for damages after a 2018 house fire determined to be incendiary in nature.
Cheryl Kisner filed a complaint in Marshall Circuit Court against State Farm Fire and Casualty Co. alleging breach of contract.
The suit states that the plaintiff's Moundsville home caught fire on May 29, 2018, while covered under a policy issued by State Farm. She alleges she was out of town at the time of the fire.
She alleges she submitted a claim to compensate her for incurred living expenses and damages to personal property and her home to the defendant.
The suit states in July 2018, the defendant advised her that it was questioning whether it was obligated under her policy because the fire was determined to be "incendiary in nature or intentionally set by origin."
The plaintiff alleges she had to retain counsel as a result of the defendant's failure to timely pay her claim. The suit states she was issued checks by the defendant in March for personal property damage and living expenses.
The plaintiff alleges the defendant failed to investigate her claims in good faith.
The plaintiff is seeking a trial by jury, compensatory and general damages, attorneys' fees and court costs. The plaintiff is represented by James G. Bordas III and Erica Cross Conti of Bordas & Bordas in Wheeling.
The case has been assigned to Judge Jeffrey Cramer.
Marshall Circuit Court case number 19-C-109
