West Virginia Insurance Co. v. Lambert

West Virginia Insurance Company (WV Insurance), the plaintiff below and appellant herein, appeals a final order of the Circuit Court of Berkeley County, which denied its request' for a judgment notwithstanding the verdict or, in the alternative, for a new trial following a jury verdict adverse to its insured, Darryl W. Lambert. The jury found Mr. Lambert was negligent when he allowed a refuse fire to get out of control and burn a barn belonging to his neighbor. The jury also determined insurance coverage was available because Mr. Lambert’s actions did not fall under the “business pursuits”…