CHARLESTON — Liberty Insurance Corporation is suing Wildcat Roofing and Construction for damages sustained to the roof of one of its insureds.
Liberty filed the lawsuit as subrogee of Ernest Hedrick after Wildcat performed roof services on Hedrick's home and did not properly repair the roof, according to a complaint filed in Kanawha Circuit Court.
Wildcat is a Kentucky company that was hired by Hedrick to fix the roof of Hedrick's home in Nitro earlier in August 2018, according to the suit.
Wildcat failed to properly secure the roof and water ended up damaging the interior of Hedrick's home after a storm on Aug. 7, 2018, according to the suit.
Liberty claims that the water caused significant damage to the home and Wildcat's negligence, carelessness and recklessness caused that damage.
"At the time of the Water Damage Incident, the Insured maintained insurance coverage through Plaintiff," the complaint states. "Pursuant to the terms of the insurance policy between the Plaintiff and the Insured, the Plaintiff would become subrogated to the Insured's rights and claims in the event that Plaintiff paid a loss caused by a third party's actions."
Liberty claims it had to pay out $31,462.64 for the damage done to Hedrick's roof, which it believes Wildcat needs to pay to it due to Wildcat's negligence.
"Pursuant to the terms and conditions of the Insured's policy of insurance, Plaintiff honored the claim(s) and reimbursed the Insured and/or third parties on his behalf, the sum of $31,462.64," the complaint states.
Liberty claims Wildcat failed to properly secure the roof when it did its alleged repair services, which led to the significant water damage to the home.
Liberty is seeking judgment against Wildcat in the amount of $31,462.64 with post-judgment interest and other costs. It is represented by Ryan S. Marsteller of Bailes, Craig, Yon & Sellards of Huntington.
The case is assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court Case number: 19-C-1111