Auto Club Property Casualty Insurance Co. v. Jessica A. Moser

FILED April 25, 2022 released at 3:00 p.m. No. 20-0792 – Auto Club v. Jessica A. Moser EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Armstead, Justice, dissenting: I write separately in this matter because I believe the majority has misinterpreted the term “incurred” in the insurance contract at issue in this case and such interpretation may result in serious implications on the recovery of damages in this State. Because I further believe that the majority’s decision opens the potential for windfall damages and double recoveries, I respectfully dissent. Here, Ms. Moser…