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· 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 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.