Wilt v. State Automobile Mutual Insurance

WORKMAN, Justice:

This case is here on certified question from the United States District Court for the Northern District of West Virginia and raises the sole issue of which statute of limitations should be applied to claims involving unfair settlement practices that arise under the Unfair Trade Practices Act (“Act”), West Virginia Code § 33-11-1 to -10 (1996 & Supp. 1997). After examining this issue, we conclude that the statute of limitations for claims arising under the Act is the one-year statute set forth in West Virginia Code § 55-2-12(c) (1994).

The underlying action stems from a…