Goff v. Penn Mutual Life Insurance

McHUGH, Justice:

Appellant Roger W. Goff seeks relief from the May 25, 2010, order of the Circuit Court of Harrison County dismissing his complaint against Appellee Penn Mutual Life Insurance Company (“Penn Mutual”) for failure to state a claim upon which relief can be granted.1 As the primary beneficiary under an insurance policy issued by Penn Mutual, Appellant brought a cause of action under the West Virginia Unfair Trade Practices Act,2 asserting that Penn Mutual had violated the statutory duty of good faith and fair dealing. See W.Va.Code § 33-11-4(9) (2011). After deciding that Mr. Goff…