SPENCER, W.V., June 11 /PRNewswire-USNewswire/ -- The Circuit Court of
Roane County, West Virginia has certified a class action lawsuit against
Nationwide Mutual Insurance Company ("Nationwide"), and set a trial date of
October 6, 2008. The lawsuit is entitled Nationwide Mutual Insurance
Company v. George G. O'Dell, Jr. and Stacy McKown O'Dell, and Chad David
Kenny and Bobbie Dawn Kenny v. Nationwide Mutual Insurance Company, Civil
Action No. 00-C-37.
The lawsuit claims that Nationwide breached its contracts of insurance
with Class Members by failing to provide uninsured motorist ("UM") and
underinsured motorist ("UIM") coverage to entitled Class Members. The Class
also claims that Nationwide's conduct violated the West Virginia Unfair
Trade Practices Act and violated Nationwide's duty of good faith and fair
dealing to its insureds. Nationwide denies that it did anything wrong.
The Class includes those West Virginia Nationwide auto policyholders or
passengers who were injured or suffered property damage in an accident that
occurred between April 11, 1993 and the present. Class Members must have:
been denied UM or UIM coverage, been provided less UM or UIM coverage than
otherwise required, or failed to submit a UM or UIM claim after being told
that they did not have UM or UIM coverage by Nationwide, based on
Nationwide's 1993 or 1999 mass mailings.
Excluded from the Class are those West Virginia Nationwide auto
policyholders who signed a valid waiver giving up their rights to
additional UM or UIM coverage, those who settled their UM or UIM claims for
less than the full coverage limits that Nationwide said applied to their
claim, those who settled the liability claim against another without
constructively exhausting the full liability limits that were available,
those that filed suit and received a judgment less than the full liability
limits that were available from another, and those whose UM or UIM limits
applicable to their claim were equal or greater than the policy's bodily
injury or property damage liability coverage.
The Court has not yet decided whether the Class or Nationwide are
right. There are no financial benefits available to Class Members at this
time. Class Members who wish to remain a member of the Class do not need to
do anything at this time. Potential Class Members should complete and
return a Registration Form, which is available online at the website
referenced below or by calling 1-877-562-7599. Class Members who wish to be
excluded from the Class must send a written request to be excluded,
postmarked by August 22, 2008.
For more information regarding the lawsuit and the claims against
Nationwide, please visit www.WVNationwideClassAction.com or call
The Class is represented by, among other lawyers, Scott Segal of
Charleston, West Virginia, whose telephone number is 304-344-9100.
SOURCE West Virginia Nationwide Class Action Administrator