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Insurer Not Liable for $1 Million Settlement

The West Virginia Supreme Court ruled that an insurance company is not liable to cover a $1 million settlement and returned the case with directions for the entry of summary judgment in favor of the insurer. The consent judgment had been agreed to by Plaintiff and Defendants and purported to assign coverage and “bad faith” rights against the insurer to Plaintiff.   John Andrew “Jack” Smith represented the insurance company in challenging the consent judgment and argued the case before the Supreme Court.  The Court’s unanimous opinion was issued March 1, 2017.

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