Taylor v. Nationwide Mutual Insurance

MAYNARD, Justice:

In this case, we answer a certified question from the United States District Court for the Northern District of West Virginia. The certified question is as follows:

Does a cause of action exist in West Virginia to hold an insurance company’s employee claims adjuster personally liable for violations of the West Virginia Unfair Trade Practices Act, W.Va.Code § 33-11-1, et seq? 1

Upon review of the arguments of the parties and the applicable law, we hold that a cause of action exists in West Virginia to hold a claims adjuster employed by an insurance company personally liable for…