· 4/14/1997
Bruceton Bank v. United States Fidelity & Guaranty Insurance
Citations
- 486 S.E.2d 19
- 199 W. Va. 548
- 1997 W. Va. LEXIS 67
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that insurer’s duty to defend is governed by whether allegations of complaint are reasonably susceptible of interpretation that claim is covered by policy terms
- finding that, despite negligence claim, the nature of the complaint was breach of contract in part because “the damages claimed by the [underlying plaintiff] more appropriately had their origin in contract, rather than in tort”
- reasoning that “[t]he mandate of Hutzler to ‘conduct a reasonable inquiry into the facts’ behind the allegations of the complaint . . . effectively constitute[s] an overstatement of the [] standard set forth in Leeber and Pitrolo
- “[I]ncluded in the consideration of whether the insurer has a duty to defend is whether the allegations in the complaint . . . are reasonably susceptible of an interpretation that the claim may be covered by the terms of the insurance policies.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McHUGH
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.