CHARLESTON — A couple is suing Nationwide Property & Casualty Insurance Company claiming it breached its contract and wrongfully denied a claim for insurance benefits.
Deanna Maxey was also named as a defendant in the suit.
A windstorm traveling through Charleston on June 24, 2019, and caused physical damage to the home of Justin Collin and Jennifer Mankins when a tree located on a neighboring property fell onto their roof, according to a complaint filed in Kanawha Circuit Court.
The couple claims they contacted Nationwide and submitted a claim for coverage, but Nationwide told the plaintiffs it would not pay for certain cracks in the exterior brick because it appeared those cracks were pre-existing. When the plaintiffs sought additional information, Nationwide failed to respond in a timely manner and the plaintiffs were forced to delay repairs and send multiple follow-up requests for information.
In denying the claim, the defendants breached their contract with the plaintiffs, according to the suit.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Brent K. Kesner and Ernest G. Hentschel of Kesner & Kesner; and Robert V. Berthold Jr. and Robert V. Berthold III of Berthold Law Firm.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 21-C-393