PITTSBURGH - WatchWORD, the creator of an Apple-based Bible app, filed a complaint in the Court of Common Pleas of Allegheny County against its insurance company for denying a claim after its app was hacked.
In addition to the normal insurance offered by Erie Insurance, WatchWORD had also added an Ultra-Pak Plus rider and Electronic Data Processing Equipment and Electronic Data Coverage, the suit claims. The addition of these insurance extras covered the computer equipment, electronic data, records, videos, digital assets and computer network against hacking, the suit claims.
The first count against Erie Insurance is assumpsit action for breach of contract. Although WatchWORD was supplied with proof of coverage, Erie refuses to acknowledge the coverage and has denied coverage and payment to the Plaintiff, the suit claims.
The second count claims a violation of Erie’s Fiduciary Relationship with WatchWORD. Plaintiff claims Erie is not allowed, under Pennsylvania law, to deny the relationship of Insurer and Insured and is obligated to pay for all resulting damages.
The third count is the Commission of Acts of Bad Faith for the way Erie allegedly conducted its business in relationship to this case. Erie is accused of trying to bring up irrelevant issues that WatchWORD has not brought up in its claim. Guardian, Erie’s investigative firm, has allegedly mischaracterized the claims in such a way to require WatchWORD to deny the claims.
The fourth count charged is the Commission of Acts by Erie in violation of Pennsylvania’s unfair insurance practices. Erie has denied all the facts of the Plaintiff’s hacking claim.
Count five alleges a commission of acts of fraudulent misrepresentation by Erie. WatchWORD alleges Erie Insurance is aware of the way they have misrepresented its representations.
The final count alleges violations by Erie of Pennsylvania’s uniform trade practices and consumer protection law. Erie reportedly promised WatchWORD and other consumers that they were among the best in the U.S. and would act in accordance with all UTPCP laws.
WatchWORD is asking for all compensatory and other appropriate damages allowed by law.