White v. Lowe's Home Centers, Inc.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

Defendants, Lowe’s Home Centers, Inc. (“Lowe’s”), and GAB Robins Business Services, Inc. (“GAB”), have moved for summary judgment as to the plaintiffs’ claim for unfair trade practices on the basis that West Virginia’s Unfair Trade Practices Act (the “UTPA”), W.Va.Code § 33-11-1, et seq., does not apply to self-insurers such as Lowe’s. The defendants also have argued that GAB, the adjuster of the third-party claims made against Lowe’s, is not subject to the UTPA because it is not engaged in the practice or business of insurance, as required…