Legal Opinion

Mordesovitch v. Westfield Insurance

District Court, S.D. West Virginia

Decided November 27, 2002No. CIV.A.2:02-0078PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

STANLEY, United States Magistrate Judge.

This civil action is a so-called “first party bad faith claim” 1 that Defendant and its counsel engaged in unfair trade practices in connection with Plaintiffs claim for un-derinsured motorist insurance coverage benefits following a 1999 fatal accident. For the purpose of this Memorandum Opinion and Order, the court assumes to be true the allegations that Plaintiffs son, Charles Mordesovitch, a pedestrian, was killed when he was struck by a vehicle operated by a drunk driver who had become intoxicated at a bar. Plaintiff,…

2Cases cited11 opinions

  1. Givens v. Mullikin Ex Rel. McElwaneyTennessee Supreme Court · 2002
  2. Chevron Corp. v. Pennzoil Co.Court of Appeals for the Ninth Circuit · 1992
  3. State Ex Rel. United States Fidelity & Guaranty Co. v. CanadyWest Virginia Supreme Court · 1995
  4. State ex rel. Allstate Insurance v. GaughanWest Virginia Supreme Court · 1998
  5. STATE EX REL. ALLSTATE INS. v. GaughanWest Virginia Supreme Court · 1998

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3Cited by5 opinions

  1. STATE EX REL. ALLSTATE v. MaddenWest Virginia Supreme Court · 2004
  2. Ayers v. Continental Casualty Co.District Court, N.D. West Virginia · 2007
  3. Westfield Insurance v. Carpenter Reclamation, Inc.District Court, S.D. West Virginia · 2014
  4. STATE EX REL. ALLSTATE v. MaddenWest Virginia Supreme Court · 2004
  5. Slampak v. Nationwide Insurance Company of AmericaDistrict Court, N.D. West Virginia · 2019

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