State ex rel. Medical Assurance v. Recht, Judge (dissenting)
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No. 30840 State of West Virginia ex rel. Medical Assurance, Inc. v. The Honorable Arthur M. Recht, Judge of the Circuit Court of Ohio County, the Estate of Marjorie I. Verba, by Sally Jo Nolan, Executrix FILED July 2, 2003 McGraw, J., dissenting: RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I dissent from the majority opinion in this case because I believe the timehonored sanctity of the attorney-client privilege should not be shamelessly invoked to shield an insurer s tortious conduct, the aim of which is to defeat an injured party s legitimate claim. Though the majority states otherwise, there is simply no substitute for the discovery of material generated contemporaneously with the handling of a claim and for the sole purpose of denying a claim. Justice Davis, who has authored a concurring opinion in this case, elaborates extensively in this regard and, in my view, makes an excellent argument for denying the Respondent insurer s petition for writ of prohibition. Therefore, for the reasons stated above and in Justice Davis concurring opinion, I respectfully dissent.
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