HUNTINGTON — The plaintiff in a case against Progressive Classic Insurance Co. voluntarily dismissed her complaint in federal court.
Pursuant to Federal Rules of Civil Procedure, Rule 41(a), Brittni R. Ash voluntarily dismissed her complaint with prejudice.
"No answer has been filed by the defendant and all matters between the parties have been fully resolved and compromised," the notice of dismissal states.
Prior to the voluntary dismissal, District Judge Robert Chambers filed an order to find out why the plaintiff had not served the defendants.
"The docket in this action reflects that service has not been obtained upon the defendants within 90 days of filing of the complaint as required by Fed. R. Civ. P. 4(m)," Chambers wrote. "Accordingly, the court orders the plaintiff to demonstrate good cause for not serving the defendants with process. Failure to respond to this notice within 10 days or an insufficient showing of good cause will result in dismissal of this case without prejudice."
Ash filed the complaint in 2018 alleging common law bad faith.
Ash filed the complaint in U.S. District Court for the Southern District of West Virginia against Progressive Classic Insurance Co. and Progressive Auto, alleging they wrongfully denied her claim for comprehensive coverage because the policy had lapsed before receipt of payment.
The plaintiff claims that on Sept. 26, 2017, she was involved in a single automobile crash that caused extensive damage to the insured vehicle. Subsequently, she made a claim for the loss. Due to the defendant's alleged conduct, Ash was unable to repair her vehicle and could not go to work, according to the suit.
The plaintiff had claimed Progressive Classic Insurance Co. and Progressive Auto were responsible because they allegedly refused to pay the full damages due under the policy.
The plaintiff had requested a trial by jury and seeks all damages, attorney's fees, costs and expenses, and such other and further relief deemed just and proper. She was represented by Jason Stemple of Duffield, Lovejoy, Stemple & Boggs in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:18-cv-01507