Holloman v. Nationwide Mutual Insurance

Justice STARCHER concurs and reserves the right to file a concurring opinion.

BENJAMIN, Justice.

This matter comes before this Court pursuant to certified questions presented by the Circuit Court of Greenbrier County pursuant to W. Va.Code § 58-5-2 (1998).1 Thé circuit court certified the questions upon the request of plaintiff after it had denied her motion for partial summary judgment. Plaintiffs motion sought to collaterally estop defendant Nationwide Mutual Insurance Company [“Nationwide”] from contesting that it has committed violations of the Unfair Trade Practices Act, W. Va.Code §…