covered claim in West Virginia

8 West Virginia opinions name it 2 courts 1994–2023 2 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 (2)

Case	Followed	Cited
Shamblin v. Nationwide Mutual Insurancegreen wva · 1990 · cited in 2 West Virginia opinions naming this issue, 2023–2023 2 sentences 2023See id. 2023See id.	2	2
North Carolina Insurance Guaranty Ass'n v. Century Indemnity Co.green ncctapp · 1994 · cited in 1 West Virginia opinions naming this issue, 2006–2006 2 sentences 2006Once the claimant or insured has exhausted all other sources of solvent insurance which collaterally insure the covered claim or where there exists no other solvent insurance which provides coverage for the covered claim, he/she is entitled to enforce his/her covered claim against the West Virginia Insurance Guaranty Association, to the extent allowed by W.Va.Code § 33-26-8(1)(a) (1985) (Repl.Vol.1996). [5] See, e.g., North Carolina Insurance Guaranty Association v. Century Indemnity Company, 115 N.C.App. 175 , 444 S.E.2d 464 (1994); Metropolitan Leasing, Inc. v. Pacific Employers Ins. 2006Once the claimant or insured has exhausted all other sources of solvent insurance which collaterally insure the covered claim or where there exists no other solvent insurance which provides coverage for the covered claim, he/she is entitled to enforce his/her covered claim against the West Virginia Insurance Guaranty Association, to the extent allowed by W.Va.Code § 33-26-8(1)(a) (1985) (Repl.Vol.1996). [5] See, e.g., North Carolina Insurance Guaranty Association v. Century Indemnity Company, 115 N.C.App. 175 , 444 S.E.2d 464 (1994); Metropolitan Leasing, Inc. v. Pacific Employers Ins.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

Case	Cited	Years
Metropolitan Leasing, Inc. v. Pacific Employers Insurance green massappct · 1994 2 sentences 2006Co., 36 Mass.App.Ct. 536 , 633 N.E.2d 434 (1994); Louisiana Ins. 2006Co., 36 Mass.App.Ct. 536 , 633 N.E.2d 434 (1994); Louisiana Ins.	1	2006–2006
DeVane v. Kennedy green wva · 1999 2 sentences 2006As we slated in Syllabus Point 2 of DeVane v. Kennedy, 205 W.Va. 519 , 519 S.E.2d 622 (1999): When a claimant or an insured wishes to enforce a covered claim, as defined by W.Va. 2006As we slated in Syllabus Point 2 of DeVane v. Kennedy, 205 W.Va. 519 , 519 S.E.2d 622 (1999): When a claimant or an insured wishes to enforce a covered claim, as defined by W.Va.	1	2006–2006
Smith v. Animal Urgent Care, Inc. green wva · 2000 2 sentences 2003See American Motorists Insurance Company, Commercial General Liability Policy, Policy Number 3MG 769 951-03, p. 13, §§ V.13.a-e; Smith, 208 W.Va. at 668 , 542 S.E.2d at 831 . 2003See American Motorists Insurance Company, Commercial General Liability Policy, Policy Number 3MG 769 951-03, p. 13, §§ V.13.a-e; Smith, 208 W.Va. at 668 , 542 S.E.2d at 831 .	1	2003–2003
West Virginia Insurance Guaranty v. Potts green wva · 2001 2 sentences 2003This Court thus reversed the determination of the lower court and remanded the matter for entry of an order consistent with the conclusion that each of the five Potts family members could maintain a separate covered claim for which the WVIGA would be obligated up to the statutory limits. 209 W.Va. at 688 , 550 S.E.2d at 666 . 2003This Court thus reversed the determination of the lower court and remanded the matter for entry of an order consistent with the conclusion that each of the five Potts family members could maintain a separate covered claim for which the WVIGA would be obligated up to the statutory limits. 209 W.Va. at 688 , 550 S.E.2d at 666 .	1	2003–2003
Igwilo v. Property & Casualty Ins. Guaranty Corp. green mdctspecapp · 2000 2 sentences 2001Ass’n, 508 N.W.2d 536 (Minn.App.1993) (assertion of automobile accident victim’s covered claim under the primary policy issued by an insolvent insurer precluded victim’s mother from asserting a covered claim against MIGA as the primary policy had a single, per-aceident limit and, thus, there was only one covered claim); Igwilo v. Property Insurance, 131 Md.App. 629 , 750 A.2d 646 (2000) (parents’ claims for child’s pre-birth injury and for economic and non-economic damages resulting from medical malpractice were a single covered claim for purposes of the PCIGC’s liability; also, all claims der 2001Ass’n, 508 N.W.2d 536 (Minn.App.1993) (assertion of automobile accident victim’s covered claim under the primary policy issued by an insolvent insurer precluded victim’s mother from asserting a covered claim against MIGA as the primary policy had a single, per-aceident limit and, thus, there was only one covered claim); Igwilo v. Property Insurance, 131 Md.App. 629 , 750 A.2d 646 (2000) (parents’ claims for child’s pre-birth injury and for economic and non-economic damages resulting from medical malpractice were a single covered claim for purposes of the PCIGC’s liability; also, all claims der	1	2001–2001
Oglesby v. Liberty Mutual Insurance Co. green okla · 1992 1 sentence 2001Co., 832 P.2d 834 (Okla.1992) (Guaranty Association is obligated to pay individual claims of each beneficiary up to the statutory maximum of $150,000 upon insolvency of insurer in wrongful death action rather than an aggregated total of $150,000 to all victims); Dickerson v. Thompson, 89 Ohio App.3d 399 , 624 N.E.2d 784 (1993) (decedent’s wife and two minor children each had a separate covered claim on which the state insurance guaranty association was obligated to pay; decedent’s personal injury action is distinct from the wrongful death action); Cooper v. Huddy, 581 So.2d 723 (La.App. 1 Cir.	1	2001–2001
Cox v. Minnesota Insurance Guaranty Ass'n green minnctapp · 1993 1 sentence 2001Ass’n, 508 N.W.2d 536 (Minn.App.1993) (assertion of automobile accident victim’s covered claim under the primary policy issued by an insolvent insurer precluded victim’s mother from asserting a covered claim against MIGA as the primary policy had a single, per-aceident limit and, thus, there was only one covered claim); Igwilo v. Property Insurance, 131 Md.App. 629 , 750 A.2d 646 (2000) (parents’ claims for child’s pre-birth injury and for economic and non-economic damages resulting from medical malpractice were a single covered claim for purposes of the PCIGC’s liability; also, all claims der	1	2001–2001
Dickerson v. Thompson green ohioctapp · 1993 2 sentences 2001Co., 832 P.2d 834 (Okla.1992) (Guaranty Association is obligated to pay individual claims of each beneficiary up to the statutory maximum of $150,000 upon insolvency of insurer in wrongful death action rather than an aggregated total of $150,000 to all victims); Dickerson v. Thompson, 89 Ohio App.3d 399 , 624 N.E.2d 784 (1993) (decedent’s wife and two minor children each had a separate covered claim on which the state insurance guaranty association was obligated to pay; decedent’s personal injury action is distinct from the wrongful death action); Cooper v. Huddy, 581 So.2d 723 (La.App. 1 Cir. 2001Co., 832 P.2d 834 (Okla.1992) (Guaranty Association is obligated to pay individual claims of each beneficiary up to the statutory maximum of $150,000 upon insolvency of insurer in wrongful death action rather than an aggregated total of $150,000 to all victims); Dickerson v. Thompson, 89 Ohio App.3d 399 , 624 N.E.2d 784 (1993) (decedent’s wife and two minor children each had a separate covered claim on which the state insurance guaranty association was obligated to pay; decedent’s personal injury action is distinct from the wrongful death action); Cooper v. Huddy, 581 So.2d 723 (La.App. 1 Cir.	1	2001–2001
Cooper v. Huddy green lactapp · 1991 1 sentence 2001Co., 832 P.2d 834 (Okla.1992) (Guaranty Association is obligated to pay individual claims of each beneficiary up to the statutory maximum of $150,000 upon insolvency of insurer in wrongful death action rather than an aggregated total of $150,000 to all victims); Dickerson v. Thompson, 89 Ohio App.3d 399 , 624 N.E.2d 784 (1993) (decedent’s wife and two minor children each had a separate covered claim on which the state insurance guaranty association was obligated to pay; decedent’s personal injury action is distinct from the wrongful death action); Cooper v. Huddy, 581 So.2d 723 (La.App. 1 Cir.	1	2001–2001
Cannelton Industries, Inc. v. Aetna Casualty & Surety Co. of America green wva · 1994 2 sentences 1995Relying on West Virginia Code § 33-26-8(1)(a) which mandates that “ ‘a covered claim shall not include any claim filed with the guaranty fund after the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer[,]’” we found that “Cannelton received timely notice of the insolvencies, Cannelton did not become aware of the claims in question until after the expiration of the bar dates for filing proofs of claims ..., [and] [u]nder the language of the statute ... the claims would clearly not have been covered.” 194 W.Va. at 209 -10 and n. 14, 4 1995Relying on West Virginia Code § 33-26-8(1)(a) which mandates that “ ‘a covered claim shall not include any claim filed with the guaranty fund after the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer[,]’” we found that “Cannelton received timely notice of the insolvencies, Cannelton did not become aware of the claims in question until after the expiration of the bar dates for filing proofs of claims ..., [and] [u]nder the language of the statute ... the claims would clearly not have been covered.” 194 W.Va. at 209 -10 and n. 14, 4	1	1995–1995
Satellite Bowl, Inc. v. Michigan Property & Casualty Guaranty Ass'n green michctapp · 1988 2 sentences 1994A Michigan court, in Satellite Bowl, Inc. v. Mich. Property & Casualty Guaranty Association, 165 Mich.App. 768 , 419 N.W.2d 460 (1988), determined that a claim must be timely filed in order to be a covered claim under that state’s statute. 1994A Michigan court, in Satellite Bowl, Inc. v. Mich. Property & Casualty Guaranty Association, 165 Mich.App. 768 , 419 N.W.2d 460 (1988), determined that a claim must be timely filed in order to be a covered claim under that state’s statute.	1	1994–1994

Statutes the citing opinions construe

WV § W. Va. Code § 33-26-8 (4) WV § W. Va. Code § 33-26-1 (3) WV § W. Va. Code § 33-26-2 (3) WV § W. Va. Code § 33-26-5 (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

TX 94 (1991–2026) CA 67 (1991–2026) NJ 35 (1989–2026) LA 29 (1980–2023) PA 27 (1944–2019) FL 27 (1980–2026) IL 22 (1978–2020) MA 15 (1994–2025) AZ 12 (1975–2021) NY 12 (1997–2022) CT 11 (1995–2014) WI 10 (1992–2022) WV 8 (1994–2023) AL 8 (1987–2010) DE 7 (1989–2022) GA 7 (1967–2021) OR 7 (1989–2023) RI 7 (1995–2006) MO 7 (1967–2021) OH 7 (1998–2025) MD 7 (1988–2019) NH 6 (1998–2013) WA 6 (1990–2004) ME 6 (2004–2019) MS 5 (1993–2011) CO 5 (1988–2016) SC 4 (2001–2024) MN 4 (1992–2025) DC 3 (1984–2003) IN 3 (2002–2002) VA 3 (1994–2009) OK 3 (1992–2004) NM 2 (1993–2017) KY 2 (1956–2006) AR 2 (1988–2003) KS 2 (1989–1994) NC 2 (1992–1994) IA 2 (1989–1993)

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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