BECKLEY – The owners of a Greenbrier County home are seeking a declaration from the court regarding their home's habitability after a chandelier fell and damaged the home.
Martin O'Boyle and Sheila O'Boyle filed a complaint in U.S. District Court for the Southern District of West Virginia against State Farm Fire & Casualty Co. alleging breach of contract and seeking declaratory relief.
The suit states the plaintiffs purchased insurance from the defendant to cover their Greenbrier County home. The suit states that a large chandelier suspended from the ceiling fell in the plaintiffs' home on Nov. 30, 2014, and caused damages to home's contents and flooring. The suit states the plaintiffs notified the defendant of their damages and tendered an itemization to the defendant for their estimated repairs of $250,000 to $1.5 million on June 1, 2016.
There is a dispute between the parties as to whether the home is habitable as long as construction to repair the damage is underway. The suit states the defendant believes the residence is habitable and the plaintiffs believe it is not.
The plaintiffs seek a declaration of what is and is not habitable to determine whether they are entitled to additional living expenses under the policy's loss of use coverage.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Robert J. Frank of The Law Offices of Robert J. Frank & Associates PLLC in Lewisburg.
U.S. District Court for the Southern District of West Virginia case number 5:19-cv-00445
