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Thursday, April 18, 2024

Couple says insurance company wrongly denied claim from storm damage

Federal Court
Tree storm damage1 1200 1280

Jan Mallander/Pixabay

CHARLESTON — A Charleston couple is suing State Auto Property and Casualty Insurance Company alleging that the company wrongfully denied a claim.

Charles Boggs III and Rice Boggs had a homeowners policy through State and after high winds struck their property on April 8, 2020, several roof panels were damaged. Charles Boggs contacted State and submitted a claim for insurance benefits and complied with all requests through State, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.

The Boggses claim four months later, State had someone inspect the roof and in September 2020, State wrongfully issued a denial letter stating that the policy did not provide coverage for part of the claim.

The plaintiffs' claim to deny the claim is a breach of contract and common law bad faith.

The Boggses are seeking damages in the amount of $93,163.72 and punitive damages. They are represented by David A. Bosak and Timothy C. Bailey of Bailey Javins and Carter in Charleston.

U.S. District Court for the Southern District of West Virginia case number: 2:21-cv-00236

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