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West Virginia Complaint For Wrongful Termination of Insurance Under ERISA and For Bad Faith - Jury Trial Demand
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LIMITATIONS PERIOD ? Ten years for a bad faith claim based on a contract theory (W. Va. Code § 55-2-6). One year for a bad faith claim based on a common law theory or a statutory theory under the West Virginia Unfair Trade Practices Act (W.
An insurer that is found to have acted in bad faith can be liable for damages in excess of the policy limits, including liability for judgments in excess of the policy's limits, statutory penalties, interest, emotional distress, consequential economic losses, attorneys' fees, and punitive damages.
In the third party bad faith realm, typically an aggrieved party's only remedy for issues related to the handling of their claim is by way of an administrative complaint with the West Virginia Offices of the Insurance Commissioner. See generally W. Va. Code § 33-11-4a.
In West Virginia, the law defines ?insurance bad faith? as any insurance company conduct that violates the state's statute and results in damages to the policyholder. It can be any action that is not a general and sanctioned business practice.