Legal Opinion

Light v. Allstate Insurance

West Virginia Supreme Court

Decided July 27, 1998No. 24365PublishedCited by 117 opinions

1Opinion of the Court

DAVIS, Chief Justice:

This Court is presented with a certified question from the United States District Court for the Southern District of West Virginia involving the issue of mandatory bifurcation and a stay of a first-party bad-faith claim against an insurer, pending resolution of the underlying contract or tort claim. We conclude that in a first-party bad faith action against an insurer that also involves an underlying contract or tort claim against the insurer, it is not mandatory that the trial court bifurcate and stay the bad faith claim. Nor, is it mandatory that discovery be stayed on…

2Cases cited59 opinions

  1. Jenkins v. J. C. Penney Casualty Ins.West Virginia Supreme Court · 1981
  2. Gallapoo v. Wal-Mart Stores, Inc.West Virginia Supreme Court · 1996
  3. Kincaid v. MangumWest Virginia Supreme Court · 1993
  4. Potesta v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1998
  5. State Ex Rel. State Farm Fire & Casualty Co. v. MaddenWest Virginia Supreme Court · 1994

54 more not listed; retrieve them via the Exa API.

3Cited by117 opinions

  1. Aikens v. DebowWest Virginia Supreme Court · 2001
  2. State Ex Rel. Medical Assurance of West Virginia, Inc. v. RechtWest Virginia Supreme Court · 2003
  3. Dan Ryan Builders, Inc. v. NelsonWest Virginia Supreme Court · 2012
  4. State ex rel. Allstate Insurance v. GaughanWest Virginia Supreme Court · 1998
  5. Feliciano v. 7-Eleven, Inc.West Virginia Supreme Court · 2001

112 more not listed; retrieve them via the Exa API.

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