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Man sues American Auto Shield for breach of contract

WEST VIRGINIA RECORD

Thursday, November 21, 2024

Man sues American Auto Shield for breach of contract

State Court
Contract 1464917 1280

Pixabay

WAYNE — A Wayne County man is suing American Auto Shield claiming it failed to honor its contractual agreement with him involving his truck transmission.

American Auto Shield is doing business as Carshield.

Freddy Fillinger had a contractual agreement for insurance and/or service coverage for his 2018 Ford F-150 pickup truck with the defendant, according to a complaint filed in Wayne Circuit Court.

Fillinger claims on Feb. 13, the truck experienced transmission problems and the contractual agreement between the parties covered the transmission problem.

"Under the agreement, the Defendant would pay for the repairs to the transmission in exchange for a monthly fee of $90 a month," the complaint states. "Mr. Fillinger took his truck to a repair garage as the Defendant ... advised and was told that the truck's transmission needed repairs and that his truck could not be driven until the transmission-related repairs were completed per the garage mechanic's advice."

Fillinger claims he's made repeated requests that the defendant approve the repairs, as his truck is not driveable without the repairs needed on his transmission, however, the defendant had refused to honor its contract agreement with Fillinger to cover the needed repairs to the transmission.

"Mr. Fillinger purchased the additional CARSHIELD coverage a/k/a insurance coverage when he purchased his truck to cover unexpected repairs like the one with his truck's transmission he is experiencing now," the complaint states.

Fillinger claims he pays approximately $90 to the defendant each month for the coverage and that he has contacted the defendant numerous times and it has refused to honor its contract coverage agreement.

The damages sustained by Fillinger exceed $5,000 and include the loss of use of his truck, inconvenience, annoyance and aggravation, according to the suit.

Fillinger is seeking compensatory damages. He is represented by Kenneth P. Hicks of Kenneth P. Hicks LC in Huntington.

Wayne Circuit Court case number: 23-C-27

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