State ex rel. Consolidation Coal Co. v. Clawges
In State ex rel. Consolidation Coal Co. v. Clawges, 206 W. Va. 222, 523 S.E.2d 282 (1999), the Court emphasized the liberal construction afforded a Rule 60(b) inquiry and utilized a Rule 60(b)(6) motion to permit an order to be vacated.
There existed a very good "reason justifying relief from the operation of the judgment." W. Va. R. Civ. P. 60(b)(6). That reason was that the circuit court entered the order granting the Petitioner an additional $ 1,000,000 in insurance coverage without first determining whether the settlement agreement under which the Petitioner was to receive the additional money even existed. (Id. at 230, 523 S.E.2d at 290.)