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"CHARLESTON -- A Kanawha County widow is suing Metlife Affiliated Insurance Agency after she claims it has refused to pay her for her late husband's accidental death benefits.<br /><br />In September 1977 and 1979 Larry Casto purchased two New England Mutual Life Insurance Company policies, according to a complaint filed April 25 in Kanawha Circuit Court.<br /><br />New England Mutual Life Insurance Company merged with and/or was acquired by Metlife Affiliated Insurance Agency sometime later.<br /><br />Sharon Casto, Larry Casto's wife, claims among the benefits included in the policies were accidental death benefits totaling $115,000.<br /><br />Larry Casto died in 2004, according to the suit, and in February 2006, Sharon Casto instituted a medical malpractice suit against those she claimed caused her husband's wrongful death.<br /><br />Sharon Casto claims because the malpractice occurred under emergency conditions, damages were capped at $500,000, however, the wrongful death claims settled in excess of the statutory cap 14 months after the claim was initiated.<br /><br />The cap on damages of $500,000 is abandoned when the care rendered is in willful and wanton or reckless disregard of harm to the patient, according to West Virginia Code.<br /><br />Sharon Casto claims the defendant refuses to pay her the accidental death benefits, which is in breach of the contract.<br /><br />Sharon Casto is seeking judgment in the amount of $115,000 with pre- and post-judgment interest and punitive damages. She is being represented by Richard D. Lindsay.<br /><br />The case has been assigned to Circuit Judge Louis H. Bloom.<br /><br /><em>Kanawha Circuit Court case number: 11-C-665</em>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://wvrecord.com/stories/510600634-widow-sues-metlife-over-accidental-death-benefits>