Legal Opinion
Farmers & Mechanics Mutual Insurance Co. of West Virginia v. Cook
West Virginia Supreme Court
Decided December 10, 2001No. 29841, 29842PublishedCited by 47 opinions
1Opinion of the Court
STARCHER, Justice:
In this case from the Circuit Court of Hardy County, we address a situation where a wife, in the defense of her husband, shot and killed a third-party aggressor. The wife has been acquitted of any criminal responsibility, but the alleged aggressor’s widow has sued the couple for wrongful death.
The couple gave notice of the lawsuit to their homeowners’ insurance company. The homeowners’ insurance company has refused to provide liability coverage or a legal defense to the homeowners, citing to an “intentional acts” exclusion in the policy. The insurance company does not…
2Cases cited40 opinions
- Aetna Casualty & Surety Co. v. Federal Insurance Co. of New YorkWest Virginia Supreme Court · 1963
- Queen City Farms, Inc. v. Central Nat'l Ins. Co. of OmahaWashington Supreme Court · 1995
- National Mutual Insurance v. McMahon & Sons, Inc.West Virginia Supreme Court · 1987
- Aetna Casualty & Surety Co. v. PitroloWest Virginia Supreme Court · 1986
- Cox v. AmickWest Virginia Supreme Court · 1995
35 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- West Virginia Fire & Casualty Co. v. StanleyWest Virginia Supreme Court · 2004
- O'DELL v. StegallWest Virginia Supreme Court · 2010
- Town of Cumberland v. Rhode Island Interlocal Risk Management Trust, Inc.Supreme Court of Rhode Island · 2004
- Vermont Mutual Insurance v. WalukiewiczSupreme Court of Connecticut · 2009
- Columbia Casualty Co. v. Westfield InsuranceWest Virginia Supreme Court · 2005
42 more not listed; retrieve them via the Exa API.