PRINCETON – A Princeton couple alleges a claim for underinsured motorist coverage stemming from an auto accident was unlawfully refused by their insurance company.
Heather L. Yahya and Joseph S. Yahya filed a complaint in Mercer Circuit Court against Allstate Property and Casualty Insurance Co. alleging breach of contract, common law bad faith and violation of the West Virginia Unfair Claims Settlement Practices Act.
The suit states that Heather Yahya was seriously injured in a car wreck in Princeton on Aug. 31, 2017, due to the negligent driving of another motorist. Heather Yahya alleges she presented a claim for underinsured motorist coverage for $50,000 to the defendant in a reasonable amount of time but the defendant has declined to pay the amount.
The plaintiffs allege Allstate's refusal to pay underinsured motorist coverage is a breach of contract.
The plaintiffs are seeking all reasonable sums due, attorney fees and court costs. They are represented by Eric J. Buckner of Katz, Kantor, Stonestreet & Buckner PLLC in Princeton.
The case has been assigned to Judge William Sadler.
Mercer Circuit Court case number 19-C-198