West Virginia Record

Friday, September 20, 2019

Greenbrier sues insurance adjuster to recoup losses from flood

Federal Court

By Kyla Asbury | Aug 28, 2019


RICHMOND, Va. — The Greenbrier is suing an insurance adjuster for failing to recoup from insurers the financial losses and damages the hotel suffered after the 2016 floods.

Greenbrier Hotel Corporation, The Greenbrier Sporting Club, Greenbrier Sporting Club Development Company, Old White Charities and Oakhurst Club filed the lawsuit against Goodman-Gable-Gould/Adjusters International alleging their properties were devasted by the June 23, 2016, flood—causing both physical damages to the properties as well as economic damage from the loss of hotel guest revenue and revenue associated with the cancelation of the 2016 golf tournament, according to a complaint filed Aug. 23 in U.S. District Court for the Eastern District of Virginia.

The plaintiffs claim the defendant failed to meet its obligations under its services agreement and, because of that, it terminated the defendant's agreement in 2017. 

"GGG failed to properly calculate Plaintiffs’ business interruption losses, and refused to correct and revise those calculations despite Plaintiffs’ demands that it do so," the complaint states. "GGG made little to no effort to advance the progress of the claims adjustment process and failed and refused to put pressure on the insurers to respond to and settle the claims."

In addition to securing a determination that the defendant is not entitled to any payment, the plaintiffs also want to prevent the defendant from harming others in the future, according to the suit.

"We hope the Court holds GGG accountable for its poor work and awards funds currently held in escrow to the Greenbrier," Richard A. Getty, the plaintiffs' attorney, said. "GGG has a track record of attempting to take advantage of clients."

Getty said in this case, the defendant's actions were unacceptable to the Greenbrier, the people of White Sulphur Springs and to the rich history and tradition of the hotel and surrounding properties.

"GGG acted as if they were dealing with a roadside motel, not the historic and architectural landmark that is the Greenbrier hotel," Getty said.

The plaintiffs are seeking compensatory and punitive damages. They are represented by Getty and Danielle Harlan of The Getty Law Group; and Aaron B. Houchens of Aaron B. Houchens PC.

U.S. District Court for the Eastern District of Virginia Case number: 3:19-cv-00623

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