The policy at issue in SER Nationwide v. Wilson included Coverage A applicable to property damage and bodily injury liability caused by an occurrence and Coverage B applicable to personal and advertising injury. Although Nationwide believed that the primary claims for breach of contract and intentional acts were not covered, Nationwide agreed to provide a defense under a reservation of rights because of the negligence (faulty workmanship) claim. In light of the WVSCA’s prior holding inCherrington v. Erie Ins. Prop. & Cas. Co., 231 W.Va. 470, 745 S.E.2d 508 (2013), the circuit court held that the faulty workmanship claim was insured under the policy and, therefore, Nationwide “has a duty to indemnify [the contractor] for any damages that may be recovered against [the contractor], and Nationwide may not withdraw from its defense of the insured for this case.” Wilson, p. 5 (emphasis added). Nationwide sought a writ of … [Read more...] about West Virginia Supreme Court Finds No Duty to Defend or Indemnify Under CGL Policy For Contractor’s Work
Virginia supreme court case information
In 2005, the West Virginia Legislature abolished third-party bad faith claims. W. Va. Code § 33-11-4a. The West Virginia Insurance Commissioner’s unfair trade practices regulations thereafter adopted to define a “third-party claimant” as “any individual, corporation, association, partnership or other legal entity asserting a claim against any individual, corporation, association, partnership or other legal entity insured under an insurance policy or insurance contract of an insurer.” W. Va. C.S.R. § 114-14-2.8. As the State Auto case did not involve a claim by the contractor against its insurer for payment by the insurer to the contractor, but involved a claim by a third-party against the contractor for which the contractor sought a defense and indemnification by its insurer, State Auto argued that it could not be held liable for the manner in which State Auto handled the adjacent property owners’ claims. … [Read more...] about West Virginia Supreme Court: Third-Party Bad Faith Insurance Claims are Back!
The Court’s opinion held that representatives of the class of medical clinic patients whose names, contact details, social security numbers and medical information had been accidentally posted to a publicly accessible web site had standing to sue the clinic notwithstanding that no class representative had established that anyone had actually accessed the mistakenly released information and no one had suffered any quantifiable economic loss as a result. … [Read more...] about Health Data Breach Victims Have Standing to Sue Says West Virginia Supreme Court
Legal ethics expert Peter A. Joy takes a different view. “In effect, the Virginia Supreme Court has created a public records or public knowledge exception to client confidentiality, which erodes the duty of loyalty lawyers owe current and former clients,” says Joy of the Washington University School of Law. “Now lawyers can embarrass and humiliate former clients with impunity as long as they use confidential information that is in the public records. The court’s ruling is in direct contradiction with the rules of professional conduct.” … [Read more...] about Virginia Supreme Court holds that advertising rules may be applied to a lawyer’s blog
[JURIST] The Supreme Court of Virginia [official website] agreed on Tuesday to hear an appeal [petition, PDF] filed by an advocacy group that challenges a decision [opinion, PDF; JURIST report] from earlier this year that upheld the constitutionality of 11 state legislative districts. … [Read more...] about Virginia Supreme Court agrees to hear appeal in redistricting case