Jenkins v. J.C. Penney Cas. Ins. Co

In Jenkins v. J.C. Penney Cas. Ins. Co., 167 W.Va. 597, 280 S.E.2d 252 (1981), the Court explained that its "past acceptance of an implied cause of action for a statutory violation is deeply ingrained. We are virtually the only jurisdiction that permits a private cause of action for violations of statutes requiring sidewalks to be in good repair." Jenkins, 167 W.Va. at 600, 280 S.E.2d at 255. The Court also based our decision on the fact that "the administrative remedy provides no direct relief for an injured person, but only provides sanctions against the company or fines in favor of the State." Jenkins, 167 W.Va. at 605, 280 S.E.2d at 257. Finally, the Court noted that "the strong policy declaration in our statute against unfair insurance practices initially suggests the appropriateness of a private cause of action." Id.