· 6/22/1998
Elmore v. State Farm Mutual Automobile Insurance
Citations
- 504 S.E.2d 893
- 202 W. Va. 430
- 1998 W. Va. LEXIS 46
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding a “common law duty of good faith and fair dealing in insurance cases ... runs between insurers and insureds and is based bn the existence of a contractual relationship”
- finding the relationship between an insurer and a third-party claimant is adversarial and not characterized by a fiduciary duty
- defining fiduciary relationship and determining that no such relationship runs from an insurance carrier to a third-party claimant
- “A third party has no cause of action against an insurance carrier for common law breach of the implied covenant of good faith and fair dealing or for common law breach of fiduciary duty.”
- “A third party has no cause of action against an insurance carrier for common law breach of the implied covenant of good faith and fair dealing or for common law breach of fiduciary duty.”
- \A third party has no cause of action against an insurance carrier for common law breach of the implied covenant of good faith and fair dealing or for common law breach of fiduciary duty.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Maynard
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.