Michael Ex Rel. Michael v. Appalachian Heating, LLC

I wholeheartedly agree with the majority’s endeavor to eliminate acts of racial or income-based discrimination in connection with insurance settlements. Without question, the aim of the West Virginia Human Rights Act (“Act”)1 to prevent discriminatory conduct remains as laudatory in purpose as when the legislation was initially adopted in 1967. However, the majority’s conclusion that the Legislature has authorized third parties to assert a cause of action for allegedly discriminatory insurance settlements based on the protections extended by the Act is untenable. This is because third-party…