WINFIELD — A Poca man says State Farm Mutual Automobile Insurance Company for denying coverage on a claim and alleged fraud.
Johnny Davis had a policy with State Farm for a 2011 Toyota Corolla and on Jan. 27, 2023, his daughter was operating the vehicle on Interstate 64 when she was involved with a semi owned by KZ Inc., according to a complaint filed in Putnam Circuit Court.
Davis claims following the accident, KZ claimed Davis and/or his daughter were at fault for the accident and on Feb. 3, 2023, the defendant denied any coverage, claiming the vehicle was never added to the policy.
"The Defendant's denial of coverage intentionally, willfully, recklessly and maliciously ignored pertinent evidence which entitles the Plaintiff to first-party benefits and a defense and indemnity as to the third-party claims," the complaint states.
State Farm breached its contract of insurance with Davis by wrongfully denying him the benefits to which he was entitled, according to the suit.
Davis claims the defendant also breached its common law duty of good faith and fair dealing owed to him as its insured.
Davis claims the defendant committed actual and constructive fraud its wrongful conduct caused damages.
Davis is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Thomas H. Peyton of Peyton Law Firm in Nitro.
Putnam Circuit Court case number: 23-C-121