Dan Cava v. National Union Fire Insurance

(Filed Dec. 30, 2013)

I concur with the majority’s decision insofar as it affirms the circuit court’s order granting summary judgment in favor of National Union. However, I write separately to note two concerns with the majority’s opinion. First, the third-party complaint filed by the Petitioners in this ease did not seek coverage, but rather set forth two causes of action under the West Virginia Unfair Trade Practices Act (“UTPA”), W. Va.Code § 33-11-1 to -10, and common law bad faith. Thus, the majority’s discussion regarding the ability of a party to file a third-party complaint requesting…