Fuller v. Stonewall Cas. Co. of W. Va.

MILLER, Justice:

The primary issue on this appeal is whether an attorney’s lien, for services rendered to a client for collecting proceeds under the provisions of an automobile casualty policy, is superior to the rights of the client’s chattel mortgage lienholder to whom loss is payable under a loss payee clause of the insurance policy. The Circuit Court of Wyoming County held that the attorney’s lien was not superior. We affirm, in part, and reverse, in part.

Hershel Fuller purchased a truck in 1979 from Yeager Ford Sales, Inc. (hereinafter Yeager Ford) and executed a security agreement which…