Cluster 1305592

Cf. Poling, 450 S.E.2d at 637 ("The mere fact that after months of delay and hassle the insur- ance company deigns to speak to the injured party and settles the case . . . does not preclude the plaintiff from later bringing a bad faith action . . . .").

Co., 192 W.Va. 46 , 450 S.E.2d 635 (1994) (“Violation of W.

Co., 192 W.

Co., 450 S.E.2d 635, 638 (W.

Va. 46, 47 , 450 S.E.2d 635, 636 (1994)).

Co., 192 W.Va. 46 , 450 S.E.2d 635, 636-37 (W.Va.1994) (answering a certified question and determining that a cause of action for insurance bad faith under W.

Co., 192 W.Va. 46 , 450 S.E.2d 635, 636-37 (W.Va.1994) (answering a certified question and determining that a cause of action for insurance bad faith under W.

Co., the West Virginia Supreme Court of Appeals ruled that “the wife of a plaintiff in an insurance bad faith case may recover damages for loss of consortium” but only if the wife can show “that the loss of consortium flows from the insurer’s delay and not from the original injury suffered by the other spouse.” 192 W.Va. 46 , 450 S.E.2d 635, 638 (1994).

In Poling the West Virginia Supreme Court of Appeals stated, "[v]iolation of W.Va.Code, 33-11-4(9) [1985] is tortious conduct that may give rise to a cause of action by a spouse for loss of consortium.” Poling v. Motorists Mutual Insurance Co., 192 W.Va. 46 , 450 S.E.2d 635, 638 (1994)

Co., 192 W.Va. 46, 48 , 450 S.E.2d 635, 637 (1994): Often in lawsuits, there is a disparity of bargaining power between the plaintiff and defendant.

Co., 192 W.Va. 46 , 450 S.E.2d 635, 638 (1994). 5 (2) Contacts to be taken into account in applying the prin- ciples of § 6 to determine the law applicable to an issue include: (a) the place where the injury occurred, (b) the place where the conduct causing the injury occurred, (c) the domicil, residence, nationality, place of incorporation and place of business of the parties, and (d) the place where the relationship, if any, between the parties is centered.

Co., 192 W.Va. 46, 49 , 450 S.E.2d 635, 638 (1994): Consortium is a right, arising from the marital union, to have performance by a spouse of all the duties and obligations assumed by the marriage relationship, including the right to society, companionship and services.

See Poling, 192 W.Va. at 49 , 450 S.E.2d at 638 .

See Poling v. Motorists Mutu *196 al Insurance Co., 192 W.Va. 46, 49 , 450 S.E.2d 635 (1994) (each spouse has a right to consortium); Gault v. Monongahela Power Co., 159 W.Va. 318, 328 , 223 S.E.2d 421 (1976) (same); Shreve v. Faris, 144 W.Va. 819, 824 , 111 S.E.2d 169 (1959) (“Loss of consortium by a husband resulting from injuries sustained by his wife is a right which gives rise to damages.”), The right to consortium is “peculiar and exclusive” to each spouse and may not …

See Shamblin v. Nationwide Mutual Insurance Company, 183 W.Va. 585 , 396 S.E.2d 766 (1990), and Poling v. Motorists Mutual Insurance Company, 192 W.Va. 46 , 450 S.E.2d 635 (1994).

See, e.g., Wilt, 506 S.E.2d at 609 (characterizing a violation of the WVUTPA as “tortious conduct” (quoting Poling, 450 S.E.2d at 638 ) (internal quotation marks omitted)).