examination factors in West Virginia

1991Thus, the fact that an insured brings suit before submitting to an examination by the insurer does not, in itself, constitute a breach and work a forfeiture of benefits under the policy.” 424 N.W.2d at 544 .

1991Thus, the fact that an insured brings suit before submitting to an examination by the insurer does not, in itself, constitute a breach and work a forfeiture of benefits under the policy." 424 N.W.2d at 544 .

2003West Virginia Bd. of Educ. v. Perry, 189 W.Va. 662 , 434 S.E.2d 22 (1993). [25] This decision is consistent with our prior cases wherein we intimated that an award for damages under the Wage Payment and Collection Act would have to be made by a judicial tribunal rather than by an administrative agency.

2003West Virginia Bd. of Educ. v. Perry, 189 W.Va. 662 , 434 S.E.2d 22 (1993). .

2003West Virginia Bd. of Educ. v. Perry, 189 W.Va. 662 , 434 S.E.2d 22 (1993). [25] This decision is consistent with our prior cases wherein we intimated that an award for damages under the Wage Payment and Collection Act would have to be made by a judicial tribunal rather than by an administrative agency.

2003West Virginia Bd. of Educ. v. Perry, 189 W.Va. 662 , 434 S.E.2d 22 (1993). .

1996The slight confusion regarding this aspect of the doctrine is demonstrated by dicta from Sharp v. Teague, 113 N.C.App. 589 , 439 S.E.2d 792 (1994).

1996The slight confusion regarding this aspect of the doctrine is demonstrated by dicta from Sharp v. Teague, 113 N.C.App. 589 , 439 S.E.2d 792 (1994).

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1990In the case of an action wherein there is no agreement between the parties and the relief demanded requires the court to consider such factors as are described in subdivisions one, two, three and four, subsection (c) of this section, if a consideration of factors only under said subdivisions one and two would result in an unequal division of marital property, and if an examination of the factors described in said subdivisions three and four produce a finding that a party (A) expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning abili

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1990In the case of an action wherein there is no agreement between the parties and the relief demanded requires the court to consider such factors as are described in subdivisions one, two, three and four, subsection (c) of this section, if a consideration of factors only under said subdivisions one and two would result in an unequal division of marital property, and if an examination of the factors described in said subdivisions three and four produce a finding that a party (A) expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning abili

1990In the case of an action wherein there is no agreement between the parties and the relief demanded requires the court to consider such factors as are described in subdivisions one, two, three and four, subsection (c) of this section, if a consideration of factors only under said subdivisions one and two would result in an unequal division of marital property, and if an examination of the factors described in said subdivisions three and four produce a finding that a party (A) expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning abili

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1990The failure to do so constitutes neglect of duty on the part of the trial court, and if it appears on appeal that the rule has not been complied with, the case may be remanded for compliance.' Point 1 Syllabus, Commonwealth Tire Company v. Tri-State Tire Company, [ 156 W.Va. 351 ], 193 S.E.2d 544 [(1972)]." Accord Gorby v. Gorby, ___ W.Va. ___, 375 S.E.2d 424 (1988); Jones v. Jones, ___ W.Va. ___, 345 S.E.2d 313 (1986); Allen v. Allen, ___ W.Va. ___, 320 S.E.2d 112 (1984); Bills v. Bills, ___ W.Va. ___, 296 S.E.2d 348 (1982); Spence v. Spence, 167 W.Va. 704 , 280 S.E.2d 307 (1981); Pierce v. P

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s

1953State v. McKinney, 88 W.Va. 400 , 106 S.E. 894 , the 7th point of the syllabus is as follows: "An instruction on the subject of the legal requirement of unanimity of the jury in the finding of a verdict, which, if given, would advise the jury that, if any juror, after due consideration of the evidence and consultation with his fellows, has reasonable doubt of the guilt of the accused in a criminal case, it is his duty not to surrender his own convictions, simply because the other jurors are of a different opinion, is correct, and should be given upon request, unless its subject is covered by s