McCormick v. Allstate Insurance

MeCUSKEY, Justice:

This is an insurance dispute from the Circuit Court of Kanawha County. The appellant, Donald C. McCormick, asks this Court to reverse the lower court’s April 10, 1997 order granting summary judgment in favor of the appellee, Allstate Insurance Company, on the appellant’s punitive damages claim. The questions presented by this appeal are: (1) what standard is appropriate for recovery of punitive damages where an insured brings a claim against his or her insurance carrier for unfair claim settlement practices under W.Va.Code § 33-11-^1(9) [1985], and (2) does the evidence in…