· 7/21/1998
Murray v. State Farm Fire & Casualty Co.
Citations
- 509 S.E.2d 1
- 203 W. Va. 477
- 1998 W. Va. LEXIS 151
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that policy provision drafted to circumvent efficient proximate cause doctrine conflicts with reasonable expectations of parties and is unenforceable
- recognizing that direct physical loss requires property to be damaged, not destroyed, and may exist without structural damage to insured property
- stating that a court interpreting an insurance policy should give the language of the policy “its plain, ordinary meaning”
- holding policyholders to suffer a “direct physical loss” when their homes were rendered uninhabitable due to threat of rockfall
- holding loss of use found when insureds were compelled to leave homes due to threat of falling rocks after nearby homes were harmed by falling rocks
- holding physical loss of use found when insureds were compelled to leave homes due to threat of falling rocks after nearby homes were harmed by falling rocks
Source: CourtListener parenthetical corpus (CC0).
Judges: Starcher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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