unfair claim (West Virginia) · Go Syfert
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unfair claim in West Virginia

5 West Virginia opinions name it 1 courts 1981–2021 1 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State Ex Rel. Davis v. C. H. Musselman Co.green
wva · 1950 · cited in 1 West Virginia opinions naming this issue, 2015–2015
2 sentences

2015Musselman Co., 134 W.Va. 209, 217 , 59 S.E.2d 472, 476 (1950), that provision was designed to relieve seasonal employers, in such industries as food processing and canning, from the unfair requirement of being charged with the payment of benefits on a regular basis, from year to year’, as the unemployment of its seasonal employees ensues.

2015Musselman Co., 134 W.Va. 209, 217 , 59 S.E.2d 472, 476 (1950), that provision was designed to relieve seasonal employers, in such industries as food processing and canning, from the unfair requirement of being charged with the payment of benefits on a regular basis, from year to year’, as the unemployment of its seasonal employees ensues.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Jenkins v. J. C. Penney Casualty Ins. red
wva · 1981
2 sentences

2005Penney Casualty Insurance Company, 167 W.Va. 597 , 280 S.E.2d 252 (1981).

2005Penney Casualty Insurance Company, 167 W.Va. 597 , 280 S.E.2d 252 (1981).

21997–2005
State v. Mason green
wva · 1974
1 sentence

2021Va. 923 , 205 S.E.2d 819 (1974). 12 (9) Unfair claim settlement practices. — No person shall commit or perform with such frequency as to indicate a general business practice any of the following: .... (b) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies; (c) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies; (d) Refusing to pay claims without conducting a reasonable investigation based upon all available information; [and] .... (f) Not attempti

12021–2021
State ex rel. State Auto Property Insurance Companies v. Stucky green
wva · 2017
1 sentence

2021Va. Code §§ 33-11-4 (9)(b)-(d) and (f). 31 Stucky, 239 W.

12021–2021
First SEC. Bank of Bozeman v. Goddard green
mont · 1979
1 sentence

1981First Security Bank v. Goddard, 593 P.2d 1040 (Mont. 1979).

11981–1981

Statutes the citing opinions construe

WV § W. Va. Code § 33-11-4 (4) WV § W. Va. Code § 33-11-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 30 (1985–2003) CA 27 (1952–2025) TX 16 (1988–2025) IL 12 (1974–2026) MA 11 (1983–2026) NY 8 (1894–2024) NC 6 (1915–2007) WV 5 (1981–2021) MD 5 (1977–2025) ND 4 (1991–2004) OK 3 (1997–2020) AZ 2 (2009–2009) WA 2 (1990–2020) AL 2 (1984–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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