Category archive: West Virginia

Insurer’s Conduct in Investigating and Settling Claim against Insured Did Not Constitute Bad Faith

Summary: The West Virginia Supreme Court of Appeals found an insurer, who defended and settled claims brought by downhill homeowners against its insured, a residential construction company, was not liable for first party common law bad faith or statutory bad faith as a matter of law. State ex rel. State Auto Property Insurance Companies v….

Fraud and Collusion Defeat Logger’s Attempt to Enforce West Virginia Consent Judgment

Summary: Injured logger, as an assignee of claims by a timber lessee and land owner, brought an action against his employer’s liability insurer to recover a consent judgment for the $1M policy limits. After the trial court entered summary judgment in favor of the logger, the employer’s insurer appealed. The Supreme Court of Appeals of…

Range of Valuations Support Bad Faith Summary Judgment for Insurer

Summary: State Farm issued an uninsured motorist policy to Enrique with a $100,000 limit. Enrique was injured in an auto accident, sought UM benefits and also sought to recover bad faith damages. The bad faith portion of the case was stayed pending resolution of the UM claim which resulted in a jury verdict awarding $260,000….

West Virginia Supreme Court of Appeals Allows Bad Faith Claims to Proceed Under West Virginia Law Over Ohio Law

Summary: The insured, Morlan Enterprises (Morlan), brought an action against Owners Insurance Company (Owners) alleging bad faith and a violation of the Unfair Trade Practices Act (UTPA). In response, Owners sought a writ of prohibition seeking to prevent the Circuit Court from exercising jurisdiction over Owners, from applying West Virginia substantive law rather than Ohio…

No Bad Faith Damages for Dissolved Corporation says West Virginia Court

The insured, an oil distribution company, brought an unfair trade practices action against its insurer following denial of coverage on an environmental remediation claim. The insurer brought a cross-claim for breach of contract and negligent misrepresentation due to the lack of reporting a prior claim on the insured’s application.

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