West Virginia Archives - United Policyholders

West Virginia

Continuous Trigger

West Virginia

In its amicus brief, United Policyholders urged West Virginia’s high court to adopt the “continuous trigger” standard for progressive injuries in occurrence based insurance policies. In October of 2023, the West Virginia Supreme Court of Appeals issued its opinion, noting that it “greatly appreciate the…

SER Allstate Insurance Co. vs. The Honorable Madden, John T.

Year: 2003

Court: West Virginia Supreme Court of Appeals

Case Number: 31392

Issue:

Attorney Client Privilege

State:

West Virginia

When crime/fraud exception can be invoked, insurer cannot shield evidence from insured on grounds of attorney/client privilege. The crime fraud exception is essential in deterring corporate misconduct. The assertion of defenses to an insurance bad faith claim is manifestly sufficient to trigger the exception