CHARLESTON — Farmers & Mechanics Mutual Insurance Company wants a counterclaim against it to be dismissed.
In the counterclaim filed by Covenant House, it alleged that the case should be dismissed due to failure to state a claim, but F&M disagrees.
"The negligence or other fault of a person, firm or corporation, or persons, firms or corporations, other than this Counterclaim Defendant, was either the sole proximate cause of or proximately caused or contributed to the damages allegedly sustained by the Counterclaim Plaintiff," the answer to the counterclaim states. "The negligence or fault of another other than this Counterclaim Defendant was the sole proximate cause of the injuries and damages of which the Counterclaim Plaintiff complains."
The damages which Covenant House complains were not the proximate result of any acts of omissions or commission on the part of F&M or its employees or agents, according to the answer.
F&M denies all allegations contained in the counterclaim.
F&M initially filed the lawsuit against Covenant House in December, claiming that its insured, LPM Real Estate, entered into a rental lease agreement on Oct. 1, 2020, and in April 2021, LPM learned the property had been vandalized.
"The vandalism damage included, but is not limited to, items and debris left by the former occupants, damage to doors, drywall, windows and theft of copper plumbing lines, electrical lines and gas meters," the complaint states.
Covenant House agreed to return the leased property when the lease was over in the same condition and failed to fulfill that contractual obligation.
F&M claims Covenant House also failed to provide notice of its intent to vacate the premises prior to its sublessor actually vacating the premises, leaving the property empty and susceptible to vandalism and theft.
F&M provided $98,244.81 to LPM for the damages as the insurance company and sought to recover those damages from Covenant House.
F&M is seeking damages from Covenant House with pre- and post-judgment interest. It is represented by Jeffrey D. Van Volkenburg and Brandon J. Kroll of Varner & Van Volkenburg in Clarksburg.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 22-C-1091