Wilt v. State Automobile Mutual Insurance

How courts have described this case

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

• concluding that WVUTPA claims are subject to the one-year catchall statute of limitations at W.Va.Code § 55 — 2 — 12(c)
• analyzing plaintiffs’ WVUTPA claim against insurer where personal-injury award had already been paid following injury
• refusing to apply a contract statute of limitations to unfair claims practices claims because while first party claims are contractual in nature, third-party claims are tortious in nature
• treating unfair settlement practices claim as arising in tort, not contract
• “Both parties agree that West Virginia Code § 55-2-12 is the statute that governs tort actions.”
• “Numerous torts such as . . . malicious prosecution take the one- year statute of limitations set forth in West Virginia Code § 55-2-12(c).”

Source: CourtListener parenthetical corpus (CC0).