West Virginia Record

Monday, February 24, 2020

Man's estate claims policy was canceled because insurance agent never turned in the premium payment

State Court

By Marian Johns | Nov 18, 2019

Insurance 03

WILLIAMSON – The estate of a West Virginia man is claiming its specialty risk protector insurance was canceled because a Huntington insurance agency did not send a more than $44,000 premium payment to the insurer, National Union Fire.

James Harless Estate filed a complaint in Mingo Circuit Court against Rucker, Billups & Fowler Inc. and Russell Rucker III alleging fraud, breach of fiduciary duty, embezzlement and conversion. 

According to the suit, the specialty risk policy was issued to trustees of the Harless estate for the period of May 16, 2019, to May 16, 2020. The policy premium was $44,616 plus $245 for a state surcharge, which was given to the insurance agent Rucker, Billups & Fowler, the suit states.

The plaintiffs claim that the defendants deposited the check into their bank account but never remitted the payment to National Union Fire. The estate received a cancellation notice on July 2 due to the unpaid premium, the suit states.

The estate seeks compensatory and general damages, interest and other just relief. The estate is represented by Erica Baumgras and William Aubel of The Flaherty Sensabaugh Bonasso Law Firm PLLC in Charleston. 

Mingo Circuit Court case number 19-C-124

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