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West Virginia Partner Prevails on Appeal Following Property Flood

West Virginia Partner Michael P. Markins recently prevailed on appeal for our insurance company client in a coverage dispute heard in the Intermediate Court of Appeals of West Virginia following a flood that occurred on Plaintiff’s property.

In 2016, a major flood occurred on the property of towing company owner and operator Plaintiff, damaging a number of vehicles and equipment. Following the incident, Plaintiff sought first- and third-party coverage from our client for the damaged items. Despite claiming that some of the property was “newly acquired” and subject to first-party coverage, discovery revealed that a number of the damaged items were not under Plaintiff’s ownership. Our insurance company client remitted payment to Plaintiff for their owned property, but denied coverage for the damaged items that were not owned by Plaintiff. Subsequently, Plaintiff filed suit in the Circuit Court of Greenbrier County, claiming that our client failed to provide coverage for their losses and alleged claims for bad faith and breach of contract. The Circuit Court held that an insured cannot recover damages for property that it did not own, and it was undisputed that Plaintiff did not own all of the vehicles or equipment at issue. The Court further reasoned that the insurer complied with all terms of the contract, and granted summary judgment in favor of our client. Following the Court’s decision, Plaintiff filed for appeal in the Intermediate Court of Appeals of West Virginia.

During the appeals process, attorney Michael P. Markins established that Plaintiff’s Policy did not include coverage for this specific type of loss. Michael Markins also proved that Plaintiff’s proffered testimony to defeat summary judgment was unreliable and not sufficient to overcome our properly supported motion.

In July 2024, the Appellate Court agreed with our client’s briefing and position by upholding the lower court’s grant of summary judgment.

Michael Markins routinely defends and advises insurance carriers in West Virginia on coverage law and issues of bad faith. He has extensive experience handling property litigation, construction litigation and all types of liability defense in West Virginia.