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· 12/21/1967

Employers' Liability Assurance Corp. v. Hartford Accident & Indemnity Co.

Citations

  • 158 S.E.2d 212
  • 151 W. Va. 1062
  • 1967 W. Va. LEXIS 148

How courts have described this case

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

  • concluding that, even if seller’s assurance of “no termite damage” was “expression of opinion,” it could amount to affirmation of fact sufficient to support fraud claim, where seller knew of facts incongruous with opinion
  • “Some companies dropped out because of lawsuits,” while others found it too burdensome “to meet regulatory standards.”
  • someone who has the ability to protect himself with “ordinary care and prudence” is left by the law “where he has been placed by his own imprudent confidence”
  • “A the purpose of the summary judgment proceeding is to expedite the disposition of the case a summary judgment may be rendered against the party moving for judgment and in favor of the opposing party even though such party has made no motion for judgment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Haymond

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