Legal Opinion · Dissent

Bass v. Coltelli-Rose

West Virginia Supreme Court

Decided October 2, 2000No. 26658Published

1DissentScott, Justice

(Filed Oct. 2, 2000)

I dissent from the majority’s interpretation that the contractual language, “claim against ... whoever is liable for ... injuries or damages resulting from ... [the] accident,” includes medical payments coverage and, therefore, that coverage is properly subject to a contingent fee. The lower court correctly interpreted the contractual provisions to mean that “[t]he contingent fees charged by ... [Ms. Coltelli-Rose] on the medical payment recoveries were not covered by the contingent fee contract entered into by either Mabel Bass or Douglass Bass ...,” and ordered Ms.…

2Cases cited18 opinions

  1. Aetna Casualty & Surety Co. v. PitroloWest Virginia Supreme Court · 1986
  2. Committee on Legal Ethics of West Virginia State Bar v. BlairWest Virginia Supreme Court · 1984
  3. Daily Gazette Co. v. West Virginia Development OfficeWest Virginia Supreme Court · 1999
  4. Committee on Legal Ethics of West Virginia State Bar v. TattersonWest Virginia Supreme Court · 1986
  5. Kopelman and Associates, L.C. v. CollinsWest Virginia Supreme Court · 1996

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