Russell v. Amerisure Insurance

Appellant Diane Russell appeals from the April 22, 1992, order of the Circuit Court of Marshall County granting Appel-lee Amerisure Insurance Company’s (“Am-erisure’s”) motion to dismiss. Appellant’s cause of action against Amerisure was predicated on allegations of unfair claim settlement practices pursuant to West Virginia Code § 33-11-4(9) (1992). 1 As grounds for its ruling, the circuit court found that Appellant’s failure to first resolve the underlying tort claim against Am-erisure’s insured as well as her failure to aver that the alleged unfair claim settlement practice constituted a…