CHARLESTON — A husband and wife are suing CSAA General Insurance Company and AAA Club Alliance for denying their claim for property damage.
Shawn Walker was also named as a defendant in the suit.
Cyrus J. Mali and Behnaz D. Mali suffered property damage on April 20, 2019, and timely filed a claim for insurance benefits to the defendants, according to a complaint filed in February in Kanawha Circuit Court and removed to U.S. District Court for the Southern District of West Virginia on March 20.
The couple claim they suffered severe damages to their real estate and personal property, including their pool structure.
The coverge the plaintiffs had with the defendants included an "open peril" policy for their home in the amount of $765,563, other structures on their property—specifically including their swimming pool—with limits up to $80,461, personal property in the amount of $563,225 and loss of use in the amount of $306,225, according to the suit.
The Malis claim they paid all premiums due and fully complied with the terms, conditions and requirements of the policy,
The defendants rejected the Malis’ claim, the suit said. The defendants breached their contract, acted in common law bad faith and used unfair trade practices, the complaint alleges.
The Malis are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by Shawn R. Romano and Miles B. Berger of Romano & Associates.
The defendants allege in the notice of removal that the case belongs in federal court due to diversity of jurisdiction and because the amount in controversy exceeds the state court limit of $75,000.
The defendants are represented by Barbara J. Keefer and Brent K. Kesner of Kesner & Kesner in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:20-cv-00205