CHARLESTON — A Kentucky man injured in a vehicle crash that took place in Chelyan is suing two insurance companies claiming he was denied the underinsured motorist coverage that was available to him.
According to the filing in the Kanawha Circuit Court, plaintiff Donald Robinette filed a suit against defendants Zurich American Insurance Co. and State Farm Mutual Automobile Insurance Co. alleging negligence.
The suit states Robinette was injured on Oct. 2, 2017, when the truck he was driving, owed by his employer Eagle Creek Mining, was T-boned by another driver when she pulled out between two other vehicles and into Robinette's path.
Robinette settled a personal injury claim against the at-fault driver's carrier for $100,000 and claims after settling, Zurich admitted to having coverage on the truck he was driving after initially denying there was coverage. He alleges the injuries he sustained exceed his insurance coverage.
"Plaintiff asserts that defendants failure to pay is bad faith as he has provided sufficient medical and economic documentation showing damages well in excess of Ms. Cabell's liability insurance," the suit states.
Robinette seeks compensatory damages, litigation costs and pre- and post-judgment interest. He is represented by Joshua Martin of The Martin Law firm in Nitro.
The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 19-C-867