Howard et al v. Property & Casualty Insurance Company of Hartford, No. 2:2009cv01027 - Document 30 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER granting defendant's 14 MOTION for Judgment on the Pleadings; and denying as moot defendant's 26 MOTION for Partial Summary Judgment. Signed by Judge David A. Faber on 9/22/2010. (cc: attys) (taq)

Download PDF
Howard et al v. Property & Casualty Insurance Company of Hartford Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON GERALDINE HOWARD and LESTER HOWARD, Plaintiffs, v. CIVIL ACTION NO. 2:09-1027 PROPERTY & CASUALTY INSURANCE COMPANY OF HARTFORD, Defendant. MEMORANDUM OPINION AND ORDER Pending before the court is defendant’s Motion for Partial Judgment on the Pleadings. (Doc. No. 14.) By Order entered July 21, 2010, the court informed the parties that defendant’s Motion for Partial Judgment on the Pleadings might be converted to one for summary judgment. In response to the court’s Order, on July 29, 2010, defendant filed a motion for partial summary judgment asking that the court grant “summary judgment as to Plaintiffs’ inappropriate, third-party extracontractual allegations.” (Doc. No. 26). The basis of defendant’s request for judgment on the pleadings and/or summary judgment is that West Virginia has abolished a third-party bad faith cause of action against insurers. See W. Va. Code § 33-11-4a (2005); State ex rel. Nationwide Mutual Ins. Co. v. Kaufman, 658 S.E.2d 728, 735 n.8 (W. Va. 2008). The statute could not be more clear: Dockets.Justia.com A third-party claimant may not bring a private cause of action or any other action against any person for an unfair claims settlement practice. A third-party claimant’s sole remedy against a person for an unfair claims settlement practice or the bad faith settlement of a claim is the filing of an administrative complaint with the Commissioner in accordance with subsection (b) of this section. W. Va. Code § 33-11-4a. Accordingly, defendant is entitled to judgment in its favor on plaintiffs’ third-party bad faith claim and the motion for judgment on the pleadings is hereby GRANTED. The motion for partial summary judgment is DENIED as moot. Still pending is plaintiffs’ attempt to amend their complaint to assert a first-party bad faith claim. (Doc. # 28). In order to allow the court to better decide the motion to amend, plaintiffs are directed to file a copy of their proposed amended complaint. The Clerk is directed to send copies of this Memorandum Opinion and Order to counsel of record. It is SO ORDERED this 22nd day of September, 2010. ENTER: David A. Faber Senior United States District Judge

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.