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· 6/18/2002

Marlin v. Wetzel County Board of Education

Citations

  • 569 S.E.2d 462
  • 212 W. Va. 215
  • 2002 WL 1359322

How courts have described this case

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

  • “Indemnification and hold harmless agreements are a means of shifting the financial consequences of a loss, and are essentially non-insurance contractual risk transfers.”
  • estoppel was established where agent prepared certificate of insurance naming Board as additional insured
  • estoppel was established where agent prepared certificate of insurance naming Board as additional insured
  • holder of certificate of insurance stood in shoes of insured, and could therefore estop the insurer from denying coverage when the certificate holder reasonably relied to his detriment upon a misrepresentations in the certificate
  • “In a policy for commercial general liability insurance ... when a party has an insured contract, that party stands in the same shoes as the insured for coverage purposes.” (internal quotation marks and citation omitted)
  • the court did not enforce the disclaimer in a certificate of insurance in an action against the insurer, relying on West Virginia law dealing with exceptions to the general rule against expanding coverage of an insurance agreement through the doctrine of estoppel

Source: CourtListener parenthetical corpus (CC0).

Judges: Starcher

Read full opinion on CourtListener

Sourced 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.