NEW MARTINSVILLE – A New Martinsville dental office is suing its insurance agency over allegations that it breached its contract regarding litigation against the office.
Dr. Andrea M. Lockhart, Adam Pendleton and New Martinsville Dental filed the lawsuit against J.W. Potts Insurance Agency and Betsy Thomas claiming when they were named in two lawsuits, they informed the defendants of the pending litigation as required under their insurance policy.
The plaintiffs allege Thomas and the insurance company represented to them that the insurance coverage they purchased was adequate, sufficient, appropriate and comprehensive for the dental office and would provide for several lawsuits involving employment liability claims.
"The acts and omissions of defendants ... were inextricably intertwined, and they acted jointly and in concert including in terms of acquisition vel non, as well as the denials, of coverage," the complaint stated.
The defendants allegedly breached their contract with the plaintiffs and the plaintiffs have continued to be deprived of good faith, fair dealings and the benefit of their bargains in and through negotiations, agreements and contracts, according to the suit.
The plaintiffs claim the defendants were negligent and made wrongful misrepresentations.
"The ... conduct was and is a joint venture fraudulently and/or deliberately and intentionally undertaken to the detriment of Andrea M. Lockhart, DDS, Adam Pendleton and New Martinsville Dental PLLC," the complaint states.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by Patrick S. Casey, Sandra M. Chapman and Ryan P. Orth of Casey & Chapman in Wheeling.
Karen Ullom and Chelsea Rosenlieb filed lawsuits against the dental office earlier this year, alleging they were discriminated against. Ullom was fired, while Rosenlieb left her employment to "get away from Adam Pendleton," her lawsuit claimed.
In their complaints, the plaintiffs alleged they were filmed during their employment and were not allowed to speak to other employees. Rosenlieb alleges she was sexually harassed.
Ullom and Rosenlieb are represented by Teresa Toriseva and Jake Polverini of Toriseva Law in Wheeling.
Wetzel Circuit Court case number: 19-C-71
