Estate of Davis ex rel. Casey v. Farmers Mutual Insurance Co
In Estate of Davis ex rel. Casey v. Farmers Mutual Insurance Co., 207 W.Va. 400, 533 S.E.2d 33 (2000), the Court addressed the lower court's determination that summary judgment was appropriate where the executrix of an insured's estate sued an insurer for breach of contract, fraud, bad faith, and unfair claims settlement practices.
The Court reversed, concluding that genuine issues of material fact existed regarding the circumstances surrounding the insurer's offer of settlement and the existence of an agreement regarding the actual cash value of the insured property.
The Court focused upon the allegations of intentional misrepresentation of the method through which actual cash value of property is to be determined in total loss claims and, in particular, noted that "there are questions of fact relating to the circumstances surrounding the settlement offer and whether there was an agreement between the parties as to the actual cash value of the insured property." 207 W. Va. at 403, 533 S.E.2d at 36.
The Court found that the factual issues precluded summary judgment and that those issues "need to be resolved by a jury." Id.