Bad Faith/Insurance Coverage Case Dismissed in West Virginia

Pittsburgh partner, Kyle McGee, defended the interests of an insurance company client in a matter where the policyholder presented a claim for damage to his property due to water and mold exposures. The claim was denied as the carrier found coverage was not afforded given the facts and plaintiff sued in West Virginia state court. Kyle arranged to remove the case to federal court and the court ultimately agreed with his Motion for Dismissal holding that the applicable named perils policy did not cover the loss, that the policy was unambiguous, and that our client acted in good faith in denying the claim. The insurance carrier’s representative was delighted commenting to Kyle: “It’s not easy to win one in West Virginia.”