West Virginia Record

Wednesday, February 26, 2020

Woman claims insurance settlement with State Auto her former attorney failed to finalize is still enforceable

State Court

By Marian Johns | Feb 5, 2020

Insurance 10

CHARLESTON – A Charleston woman whose attorney was convicted of felonies and left his law firm bankrupt, claims the settlement agreement negotiated with the insurance company over her accident, but never finalized, is still enforceable. 

Theresa Brown filed a complaint in Kanawha Circuit Court against State Auto Property & Casualty Insurance Co. and John Doe alleging breach of contract and other claims. 

Brown was injured in a car accident on Oct. 4, 2008, caused by Oscar Woodson. Brown alleges the law firm she hired, R. Michael Martin & Associates Law Firm in Charleston, negotiated a settlement with State Auto that was never finalized by Martin, and the law firm went bankrupt due to Martin pleading guilty on several felonies. The suit states the statute of limitations on her case ran out. 

She claims despite her attorney's criminal acts, the settlement with State Auto was enforceable and that the defendants have breached their contract. 

Brown seeks monetary relief of $25,000, interest, a trial by jury and all other just relief. She is represented by R. Edison Hill of Hill, Peterson, Carper, Bee Deitzler PLLC in Charleston. 

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number 19-C-1193

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