Legal Opinion · Concurring in part, dissenting in part

Old Republic Insurance Co. v. Jason D. and Andrea O'Neal

West Virginia Supreme Court

Decided June 10, 2016No. 15-0012Published

1Concurring in part, dissenting in partLoughry, Justice

I am in firm agreement with the majority’s decision that the trial court erred in denying Old Republic Insurance Company’s (“Old Republic”) motion for relief under Rule 60(b) as the record in this case suggests that the,trial court and plaintiffs’ counsel took concerted efforts to prevent Old Republic from being a party to this action until after the issue of Old Republic’s right to statutory subrogation was resolved in a manner favorable to plaintiffs’ counsel.1 After correctly recognizing the “culpability” of both the circuit court and plaintiffs’, counsel, the majority then proceeded to…

2Cases cited7 opinions

  1. Argonaut Insurance Co. v. BakerTexas Supreme Court · 2002
  2. Henry v. BenyoWest Virginia Supreme Court · 1998
  3. RELIANCE INSURANCE COMPANY v. Hibdon, Texas Court of Appeals, 14th District (Houston)2011
  4. Bush v. RichardsonWest Virginia Supreme Court · 1997
  5. Old Republic Insurance Co. v. Jason D. and Andrea O'NealWest Virginia Supreme Court · 2016

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