Justia West Virginia Supreme Court of Appeals Opinion Summaries

As the primary beneficiary under an insurance policy issued by Appellee Penn Mutual Life Insurance Company, Appellant Roger Goff brought a cause of action under the West Virginia Unfair Trade Practices Act, asserting that Penn Mutual had violated the statutory duty of good faith and fair dealing. After deciding that Goff did not meet the accepted definition of either a first- or a third-party bad faith claimant, the trial court dismissed Goff's complaint for failure to state a claim upon which relief could be granted. The Supreme Court reversed, holding that a primary life insurance beneficiary may assert a statutory bad faith action upon the death of the insured. Remanded. View "Goff v. Penn Mut. Life Ins. Co." on Justia Law