Justia West Virginia Supreme Court of Appeals Opinion Summaries

Employee submitted a claim for workers' compensation under Employer's policy with Insurer, which claim was paid in full. Employee also filed a deliberate intent lawsuit against Employer. After assuming the attorney's fees and costs associated with defending and settling the action, Employer filed a complaint against Insurer, alleging various claims related to Insurer's denial of coverage in the defense of the deliberate intent action. The circuit court granted Employer's motion for partial summary judgment on its bad faith claim against Insurer and awarded damages to Employer. The Supreme Court reversed, holding (1) Insurer met its obligation under W. Va. Code 23-4C-6 to make deliberate intent coverage available to Employer upon the Employer's voluntary request; and (2) because the language of the policy was plain, and the exclusion of deliberate intent coverage was clear, the circuit court erred in concluding that the policy was ambiguous and therefore resulted in deliberate intent coverage being included in the policy under the doctrine of reasonable expectations. View "W. Va. Employers' Mut. Ins. Co. v. Summit Point Raceway Assocs." on Justia Law

The executor of the estates of a family who were killed in an accident filed a wrongful death action against an individual and trucking company. The trucking company was bankrupt, but insurance coverage for the accident was available through a policy issued to the company by Converium. Converium subsequently entered into an agreement with National Indemnity Company, which agreed to purchase all or certain portions of Converium. No representation of National Indemnity appeared at the court-ordered mediation. National Indemnity's vice president and legal counsel, Joseph Casaccio, failed to appear at the second mediation but appeared at the third mediation. The case was eventually settled. The circuit court subsequently imposed monetary sanctions against Petitioners, National Indemnity and Casaccio, for failing, without good cause, to appear at the mediation. The Supreme Court reversed the order imposing sanctions, holding (1) W.V. Trial Ct. R. 25.10 did authorize a trial court to sanction Petitioners, but (2) no sanctionable conduct occurred in this case. View "Casaccio v. Curtiss" on Justia Law