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An insurance company has filed a complaint against the family members of a slain Kanawha County woman after they sued to collect life insurance benefits. Erie Insurance Property and Casualty Company filed the complaint against the estate of Sandra Nichols Thursday in United States District Court. Erie’s complaint was in response to Allison McGinnis’ and Ashlee Rosas’ Oct. 26, 2016, civil action in Kanawha County Circuit Court seeking compensation for “loss of services, protection, care and assistance provided by the deceased and reasonable funeral expenses,” after Nichols, their mother, was killed by Nichols’ father, William Stuck, in his Mink Shoals home. The 92-year-old Stuck shot and killed Nichols , his longtime caretaker, on Oct. 6, 2016. He reported to police she was a “traitor,” and that he had “waited on his daughter all night, and he shot to kill her when she arrived.” Stuck was ruled incompetent to stand trial in February. McGinnis and Rosas are also suing Stuck for costs, attorney fees, pre-judgment and post-judgment interest, punitive damages, and other reliefs, according to the suit. McGinnis’ and Rosas’ civil action in the Kanawha County court states Stuck’s “conduct ... was reckless, intentional with malice aforethought.” Stuck purchases Erie’s Homeprotector Ultracover insurance policy, which protects against bodily injury, personal injury and property damage. Coverage is triggered by an “occurrence,” or an accident, including continuous or repeated exposure to harmful conditions.
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