Michelle Gaston | Steptoe & Johnson West Virginia Supreme Court Upholds Water Backup Exclusion The Supreme Court of Appeals of West Virginia recently found an exclusion for loss or damage caused by “water that backs up or overflows from a sewer, drain, or sump” pump clear and unambiguous. The Court overturned the policyholder’s award of… Continue reading Disagreement Does Not Mean Ambiguity
Tag: West Virginia
Residency and Personal Property Opinion Vacated
Michelle E. Gaston and Katherine MacCorkle Mullins | Steptoe & Johnson | October 5, 2017 Based upon the agreement of the parties, the United States District Court for the Southern District of West Virginia vacated and withdrew the memorandum opinion previously issued by the Court in Shank v. Safeco Ins. Co. of Am., No 2:15-CV-09033, 2016… Continue reading Residency and Personal Property Opinion Vacated
Righting a Wrong in West Virginia – The Residential Construction Right to Cure
John R. Teare, Jr. | Spilman Thomas and Battle | May 18, 2015 In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs. The statutory term is residential improvement, which is defined as: the construction of a residential… Continue reading Righting a Wrong in West Virginia – The Residential Construction Right to Cure