Berry v. Nationwide Mutual Fire Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• relying on Hayseeds, Inc. v. State Farm Fire & Cas., 177 W.Va. 323, 330-31, 352 S.E.2d 73, 80-81 (1986), jury question was presented on whether defendant acted willfully, maliciously and intentionally
• “Generally, absent an independent, intentional tort committed by the defendant, punitive damages are not available in an action for breach of contract.”
• “Generally, absent an independent, intentional tort committed by the defendant, punitive damages are not available in an action for breach of contract.”
• absent an agreement to the contrary, attorney fees are not available in actions for contribution
• “In the final analysis it is not the amount stated in the ad damnum clause but the actual proof of the plaintiffs damages which will control the issue.”

Source: CourtListener parenthetical corpus (CC0).