BLUEFIELD – A Mercer County man has filed a lawsuit alleging insurance companies failed to pay him the benefits owed under his insurance policy after his property suffered severe fire damage.
Grant E. Gazvoda filed his complaint in federal court against Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, Thomas Malatino, and another defendant only identified as William. The complaint alleges several counts against the defendants, including breach of contract, common-law bad faith, and unfair trade practices.
In his complaint, Gazvoda says he owned property in Mercer County insured under a policy issued by Garrison and USAA. On October 29, 2022, the property was severely damaged in a fire. Despite the property being insured under the policy, Gazvoda claims the USAA defendants have failed to pay the benefits he is owed under various coverages. The complaint further alleges that the USAA Defendants failed to promptly investigate Gazvoda's claims and delayed payments, causing him significant damages. Gazvoda also reported thefts from his unsecured home following the fire, which the defendants allegedly failed to address adequately.
Gazvoda is seeking compensatory damages, puniitve damages, pre- and post-judgment interests, court costs and attorney fees. He is represented by attorneys Robert V. Berthold Jr. and Robert V. Berthold III of the Berthold Law Firm in Charleston.
U.S. District Court for the Southern District of West Virginia case number 1:23-CV-00523