West Virginia Business Litigation Blog

West Virginia Business Litigation Blog

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WV Supreme Court Changes Requirements for Recovering Against an Excess Verdict

Posted in Appellate Decisions, Insurance, Litigation
    In Shamblin v. Nationwide Mutual Insurance Company, 396 S.E.2d 766 (W.Va. 1990), the Supreme Court of Appeals created a "hybrid negligence-strict liability" standard of proof to be used in actions by insureds against their insurers for failure to settle third-party liability claims against them within the insureds’ policy limits.  Continue Reading