Legal Opinion
Jenkins v. J. C. Penney Casualty Ins.
West Virginia Supreme Court
Decided July 14, 1981No. 14607PublishedCited by 160 opinions
1Opinion of the Court
Miller, Justice:
In this case we are asked to consider whether W. Va. Code, 33-11-4(9), relating to unfair insurance claim settlement practices, gives rise to an initial direct cause of action against an insurance company by a third-party claimant. We hold that it does, but not until the underlying suit against the insured has been resolved.
Sharon Jenkins sued the J. C. Penney Casualty Insurance Company contending that through its claims agents, it had breached its statutory duty by “not attempting in good faith to effectuate prompt, fair and equitable settlement of claims in which liability…
2Cases cited36 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Rosado v. WymanSupreme Court of the United States · 1970
- Kelsay v. Motorola, Inc.Illinois Supreme Court · 1978
- Calhoon v. HarveySupreme Court of the United States · 1964
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3Cited by160 opinions
- Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
- Mead v. BurnsSupreme Court of Connecticut · 1986
- White v. Unigard Mutual InsuranceIdaho Supreme Court · 1986
- Light v. Allstate InsuranceWest Virginia Supreme Court · 1998
- A & E Supply Company, Inc. v. Nationwide Mutual Fire Insurance Company, a & E Supply Company, Inc. v. Nationwide Mutual Fire Insurance CompanyCourt of Appeals for the Fourth Circuit · 1986
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