Bad Faith Litigation
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Bad Faith Litigation
In some regions of West Virginia, the spectre of extra-contractual litigation arises in almost every case filed. Plaintiff's lawyers intentionally structure the case against the tortfeasor to ensnare the insurance company for third party bad faith claims with respect to a technical or substantive violations of the Unfair Trade Practices Act, W. Va. Code 33-11-4(9). Not satisfied with traditional 'bad faith' theories which address the conduct of the insurance company, several cases are now pending before the West Virginia Supreme Court of Appeals to expand that liability and make insurers vicariously liable for the conduct of defense counsel for the insured. F3 is defending St. Paul Fire & Marine Insurance Company in one of these cases. Opinions in these cases are expected in the first quarter of 2004.
West Virginia's first party 'bad faith' law is both statutory and common law. The covenant of good faith and fair dealing is the vehicle employed by plaintiff's counsel to expand the scope of extra-contractual liability in a first party context. West Virginia also has a substantial body of law regarding insurance company liability for excess verdicts.
F3 and its lawyers have successfully defended and resolved extra-contractual cases for a significant number of years and will accept future representations throughout the state of West Virginia and in proximate regions of Kentucky and Ohio as requested.
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| Publications |
| The Fundamentals of Bad Faith and How to Avoid It, Prudential Property & Casualty National Claim Managers Educational Seminar (October, 1996) |
| Bad Faith Litigation, West Virginia State Bar Annual Convention (May, 1987) |
| Insurance Bad Faith Claims, West Virginia Claims Association Annual Meeting (August, 1984) |
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| Seminars |
| The Fundamentals of Bad Faith and How to Avoid It, Prudential Property & Casualty National Claim Managers Educational Seminar (October, 1996) |
| Bad Faith Litigation, West Virginia State Bar Annual Convention (May, 1987) |
| Insurance Bad Faith Claims, West Virginia Claims Association Annual Meeting (August, 1984) |
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