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13 West Virginia opinions name it 1 courts 1963–2017 0 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.
| Case | Followed | Cited |
|---|---|---|
STATE EX REL. ALLSTATE INS. v. Gaughangreen2 sentences2017Co. v. Gaughan, 203 W.Va. 358, 369 , 508 S.E.2d 75, 86 (1998), as Mows: “[A] first-party bad faith action is one wherein the insured sues his/her own insurer for failing to use good faith in settling a claim brought against the insured or a claim filed by the insured.” 5 In this proceeding, we are asked to determine whether CMD’s first-party bad faith claim should be permitted to go forward. 2009Allstate Insurance Co. v. Gaughan, 203 W.Va. 358 , 508 S.E.2d 75 (1998), as follows: [A] first-party bad faith action is one wherein the insured sues his/her own insurer for failing to use good faith in settling a claim brought against the insured or a claim filed by the insured. | 2 | 4 |
Palmer v. Farmers Insurance Exchangegreen2 sentences1998Exchange, 261 Mont. 91 , 861 P.2d 895, 905 (Mont.1993). 1998Exchange, 261 Mont. 91 , 861 P.2d 895, 905 (Mont.1993). | 2 | 2 |
Whatley v. City of Dallasgreen2 sentences2007Whatley, 758 S.W.2d at 309-10 (internal citations omitted). 2007Whatley, 758 S.W.2d at 309-10 (internal citations omitted). | 1 | 1 |
Larson v. Occidental Fire and Casualty Companygreen2 sentences1998Co., 79 N.M. 562, 564 , 446 P.2d 210, 212 (1968) (“Ordinarily, when an insurer, with knowledge of all pertinent facts, denies liability upon a specific ground, all other grounds are deemed to be waived.... 1998Co., 79 N.M. 562, 564 , 446 P.2d 210, 212 (1968) (“Ordinarily, when an insurer, with knowledge of all pertinent facts, denies liability upon a specific ground, all other grounds are deemed to be waived.... | 1 | 1 |
Terre Haute First National Bank v. Pacific Employers Insurance Co.green1 sentence1998Bank v. Pacific Employers, 634 N.E.2d 1336, 1338 (Ind.Ct.App.1993) (recognizing that "the insurer is deemed to have waived a defense to coverage under the policy only when the insured is prejudiced by the insurer’s delay in notifying the insured of that defense”); Larson v. Occidental Fire and Cos. | 1 | 1 |
Collinsville Savings Society v. Boston Insurancegreen2 sentences1991See Collinsville Savings Society v. Boston Insurance Co., 77 Conn. 676, 681 , 60 A. 647, 648 (1905); Ormsby v. Phenix Insurance Co., 5 S.D. 72, 78 , 58 N.W. 301, 303 (1894). 1991See Collinsville Savings Society v. Boston Insurance Co., 77 Conn. 676, 681 , 60 A. 647, 648 (1905); Ormsby v. Phenix Insurance Co., 5 S.D. 72, 78 , 58 N.W. 301, 303 (1894). | 1 | 1 |
Ormsby v. Phenix Ins.green2 sentences1991See Collinsville Savings Society v. Boston Insurance Co., 77 Conn. 676, 681 , 60 A. 647, 648 (1905); Ormsby v. Phenix Insurance Co., 5 S.D. 72, 78 , 58 N.W. 301, 303 (1894). 1991See Collinsville Savings Society v. Boston Insurance Co., 77 Conn. 676, 681 , 60 A. 647, 648 (1905); Ormsby v. Phenix Insurance Co., 5 S.D. 72, 78 , 58 N.W. 301, 303 (1894). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State ex rel. Allstate Insurance v. Gaughan
green
2 sentences2017Co. v. Gaughan, 203 W.Va. 358, 369 , 508 S.E.2d 75, 86 (1998), as Mows: “[A] first-party bad faith action is one wherein the insured sues his/her own insurer for failing to use good faith in settling a claim brought against the insured or a claim filed by the insured.” 5 In this proceeding, we are asked to determine whether CMD’s first-party bad faith claim should be permitted to go forward. 2009Allstate Insurance Co. v. Gaughan, 203 W.Va. 358 , 508 S.E.2d 75 (1998), as follows: [A] first-party bad faith action is one wherein the insured sues his/her own insurer for failing to use good faith in settling a claim brought against the insured or a claim filed by the insured. | 4 | 2003–2017 |
State Ex Rel. Brison v. Kaufman
green
2 sentences2008Brison v. Kaufman, 213 W.Va. 624 , 584 S.E.2d 480 (2003), this Court decided that, within the context of a first-party bad faith action against an insurer, the attorney-client privilege and work product rule attach to documents contained in an insured claim file and litigation file. 2008Brison v. Kaufman, 213 W.Va. 624 , 584 S.E.2d 480 (2003), this Court decided that, within the context of a first-party bad faith action against an insurer, the attorney-client privilege and work product rule attach to documents contained in an insured claim file and litigation file. | 1 | 2008–2008 |
Lida Manufacturing Co. v. United States Fire Insurance
green
2 sentences2007Moreover, in Lida Manufacturing Co., Inc. v. U.S. Fire Insurance Co., 116 N.C.App. 592 , 448 S.E.2d 854 (1994), the insurer refused a defense for the insured in a claim involving property damage. 2007Moreover, in Lida Manufacturing Co., Inc. v. U.S. Fire Insurance Co., 116 N.C.App. 592 , 448 S.E.2d 854 (1994), the insurer refused a defense for the insured in a claim involving property damage. | 1 | 2007–2007 |
Postlethwait v. Boston Old Colony Insurance
green
2 sentences1997Co., 189 W.Va. 532 , 432 S.E.2d 802 (1993).”). 1997Co., 189 W.Va. 532 , 432 S.E.2d 802 (1993).”). | 1 | 1997–1997 |
Barth v. Keffer
green
2 sentences1997Vol.1988): (f) An insurer paying a claim under the endorsement or provisions required by subsection (b) of this section shall be sub-rogated to the rights of the insured to whom such claim was paid against the person causing such injury, death or damage to the extent that payment was made[.] See also Syl. pt. 2, Barth v. Keffer, 195 W.Va. 51 , 464 S.E.2d 570 (“‘W.Va.Code, 33-6-31(f) (1988), 13 authorizes a right of subrogation by an uninsured or underinsured insurance carrier for the amount paid to an injured person as against the tortfeasor.’ Syllabus Point 3, Postlethwait v. Boston Old Colon 1997Vol.1988): (f) An insurer paying a claim under the endorsement or provisions required by subsection (b) of this section shall be sub-rogated to the rights of the insured to whom such claim was paid against the person causing such injury, death or damage to the extent that payment was made[.] See also Syl. pt. 2, Barth v. Keffer, 195 W.Va. 51 , 464 S.E.2d 570 (“‘W.Va.Code, 33-6-31(f) (1988), 13 authorizes a right of subrogation by an uninsured or underinsured insurance carrier for the amount paid to an injured person as against the tortfeasor.’ Syllabus Point 3, Postlethwait v. Boston Old Colon | 1 | 1997–1997 |
Hodapp v. Shelby Mutual Insurance Company
green
1 sentence1993Much the same result occurred in Hodapp v. Shelby Mutual Insurance Co., 166 So.2d 772 (Fla.App.1964), where the insured was test driving a car owned by an automobile dealership to determine if he would buy it. | 1 | 1993–1993 |
Shaw v. Hartford Accident & Indemnity Co.
neutral
1 sentence1963Shaw v. Hartford Accident and Indemnity Company, 178 F. Supp. 571 , affirmed on review in Hartford Accident and Indemnity Company v. Shaw, 273 F. 2d 133 ; American Fidelity and Casualty Company v. Pennsylvania Casualty Company (Ky.), 258 S. W. 2d 5 ; Embody v. Le Blanc (La.), 131 So. 2d 225 ; Bethlehem Steel Company v. Continental Casualty Company, 208 F. Supp. 356 . | 1 | 1963–1963 |
Bethlehem Steel Co. v. Continental Casualty Co.
neutral
1 sentence1963Shaw v. Hartford Accident and Indemnity Company, 178 F. Supp. 571 , affirmed on review in Hartford Accident and Indemnity Company v. Shaw, 273 F. 2d 133 ; American Fidelity and Casualty Company v. Pennsylvania Casualty Company (Ky.), 258 S. W. 2d 5 ; Embody v. Le Blanc (La.), 131 So. 2d 225 ; Bethlehem Steel Company v. Continental Casualty Company, 208 F. Supp. 356 . | 1 | 1963–1963 |
Embody v. Le Blanc
green
1 sentence1963Shaw v. Hartford Accident and Indemnity Company, 178 F. Supp. 571 , affirmed on review in Hartford Accident and Indemnity Company v. Shaw, 273 F. 2d 133 ; American Fidelity and Casualty Company v. Pennsylvania Casualty Company (Ky.), 258 S. W. 2d 5 ; Embody v. Le Blanc (La.), 131 So. 2d 225 ; Bethlehem Steel Company v. Continental Casualty Company, 208 F. Supp. 356 . | 1 | 1963–1963 |
cluster 249651
green
1 sentence1963Shaw v. Hartford Accident and Indemnity Company, 178 F. Supp. 571 , affirmed on review in Hartford Accident and Indemnity Company v. Shaw, 273 F. 2d 133 ; American Fidelity and Casualty Company v. Pennsylvania Casualty Company (Ky.), 258 S. W. 2d 5 ; Embody v. Le Blanc (La.), 131 So. 2d 225 ; Bethlehem Steel Company v. Continental Casualty Company, 208 F. Supp. 356 . | 1 | 1963–1963 |
American Fidelity & Casualty Co. v. Pennsylvania Casualty Co.
neutral
1 sentence1963Shaw v. Hartford Accident and Indemnity Company, 178 F. Supp. 571 , affirmed on review in Hartford Accident and Indemnity Company v. Shaw, 273 F. 2d 133 ; American Fidelity and Casualty Company v. Pennsylvania Casualty Company (Ky.), 258 S. W. 2d 5 ; Embody v. Le Blanc (La.), 131 So. 2d 225 ; Bethlehem Steel Company v. Continental Casualty Company, 208 F. Supp. 356 . | 1 | 1963–1963 |
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.
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.