Michael Ex Rel. Michael v. Appalachian Heating, LLC

DAVIS, Chief Justice:

This matter comes before this Court upon a request from the Circuit Court of Kanawha County to answer a certified question asking whether the West Virginia Human Rights Act, W. Va.Code § 5-11-1, et seq., prohibits discrimination by a tortfeasor’s insurer in the settlement of a property damage claim. We conclude that the Human Rights Act does prohibit such discrimination.

I

FACTUAL AND PROCEDURAL HISTORY

The facts underlying the instant action originated from the alleged negligence of Appalachian Heating, LLC (hereinafter referred to as “Appalachian Heating”). Appalachian…