CHARLESTON — Merlin Enterprises is suing Liberty Mutual alleging the insurance company breached its contract after a hailstorm damaged its property.
Liberty sold Merlin a policy to cover its buildings and property in Vienna and represented to Merlin that the policy was appropriately suited to meet Merlin’s needs, according to a complaint filed in Wood Circuit Court and removed to U.S. District Court for the Southern District of West Virginia on March 24.
Merlin claims that the hailstorm on July 22, 2017, it promptly and properly notified Liberty of its loss, according to the suit.
Liberty engaged in unwarranted and unscrupulous delay tactics and wrongfully denied a substantial portion of the valid claim, the lawsuit alleges.
Liberty forced the plaintiff to submit to unreasonable inquiries about the loss and then engaged in speculation to avoid paying all or part of the claim that should be paid, the suit says.
Merlin is seeking compensatory and punitive damages. It is represented by Todd Wiseman of Wiseman Law Firm in Vienna.
Liberty claims the case belongs in federal court because complete diversity exists between the plaintiff and the defendant and because the amount in controversy exceeds $75,000.
Liberty is represented by William M. Harter and Elise N. McQuain of Frost Brown Todd.
U.S. District Court for the Southern District of West Virginia case number: 2:20-cv-00213