Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, October 10, 2007
1. State of W. Va. v. Robert Lee Shingleton - 071449 - Robert Lee Shingleton appeals his conviction for one count of Malicious Assault, a felony. Grant 4-1 (Maynard).
2. Jeffrey E. Hood and Linda Hood v. The City of Huntington - 071276 - The City of Huntington appeals from the Cabell County Circuit Court's Order granting the plaintiff's Motion for Summary Judgment as to liability in a civil suit related to alleged damages to real property. Withdrawn
3. In Re: Flood Litigation, Coal River Watershed - 071720 - Plaintiffs appeal from the circuit court's order dismissing their cases as failing to comply with Rules 8(a) and 11 of the West Virginia Rules of Civil Procedure after the circuit court denied plaintiffs' discovery from defendants. This case involves the 2001 In Re: Flood Litigation relating to the Coal River Watershed, which is one of several watersheds. Rescheduled
4. Nationwide Mutual Insurance Co. v. Angela Marshall -
072240 - CERTIFIED QUESTIONS
CERTIFIED QUESTION 1:
Does the West Virginia Unfair Trade Practices Act, West Virginia Code §§ 33-11-1, et seq. ("Act") apply to insurance claims practices which occur in foreign jurisdictions? Here, where a West Virginia resident makes a claim against an insurance policy purchased in West Virginia, does the Act apply to the conduct of claims adjusters which are located outside of West Virginia? More specifically, in this case, does the Act apply to Nationwide's investigation, review and denial of Angela Marshall's personal injury claim, where all the claims handling and investigation activities occurred in the Commonwealth of Virginia?
CIRCUIT COURT'S ANSWER: Yes.
CERTIFIED QUESTION 2:
Where a personal injury claim is brought by a policy holder against an additional insured, under the same insurance policy, is a "bad faith" claim brought by the policy holder pursuant to the Act properly characterized as a first party or a third party "bad faith" claim? Specifically, in this case, is Angela Marshall's "bad faith" claim relating to the handling of her personal injury claim against Gregory Jonas properly characterized as a first party "bad faith" claim?
CIRCUIT COURT'S ANSWER: Yes. Refuse 5-0
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