Shuman McCuskey Slicer PLLC Attorneys Obtain Dismissal in Greenbrier County, West Virginia
Shuman McCuskey Slicer PLLC member Dwayne E. Cyrus and associate Anthony E. Nortz recently obtained an Order dismissing Plaintiffs’ common law and statutory bad faith claims against an insurer in Greenbrier County, West Virginia. Plaintiffs claimed that they were due extra-contractual damages after filing a claim seeking reimbursement for water damage that was denied by their insurer. At a March 18, 2021 hearing, Plaintiffs claimed that because their underlying insurance claim was for property damage, their bad faith claims should be given the two-year statute of limitations allowed by West Virginia Code 55-2-12(c). However, Mr. Nortz was successful in arguing that bad faith claims are not property damage claims and that the statute of limitation governing bad faith claims are not judged upon the facts of the underlying insurance claim. The Court ultimately ruled that all bad faith claims are subject to a one-year statute of limitations and dismissed all bad faith claims with prejudice. Further, the Court dismissed all claims of one of the Plaintiffs because he was not a party to the insurance contract, despite his alleged insurable interest in the subject property.
About: Shuman McCuskey Slicer PLLC is a civil defense litigation law firm defending businesses, professionals, and insurers in high-stakes litigation. The firm has over 20 attorneys licensed to practice in West Virginia, Virginia, Ohio, Kentucky, Pennsylvania, Maryland, and New York. SMS was founded in Charleston, WV, where it remains headquartered and has additional offices in Morgantown, WV, and Winchester, VA.
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