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How Long Does a Duty to Defend Against Environmental Claims Last?
Environmental claims routinely involve allegations that date back several years or even decades. This creates difficult legal questions for potential defendants and their insurers. Sometimes sites are the subject of complaints or other types of activity before a claim is filed that would trigger the application of an insurance policy. If a lawsuit is not […]
Evaluating Whether Repetitive Stress Workers’ Compensation Claims Are Job Related
As office computer use increased in the 1990s, so did workers’ compensation claims for repetitive motion injuries often related to extensive keyboard usage. However, the use of smartphones and other personal devices mean that some people engage in repetitive motion behavior outside the workplace. In today’s environment, how does the law determine what exactly is […]
Defending Against West Virginia Lemon Law Claims
Buyer’s regret is common after a major purchase like a car. This can trigger unfounded claims under West Virginia’s “lemon law.” When someone asserts that warranties have been violated and that their car is not suitable for driving, it can be difficult to confront these subjective accusations. However, dealerships have legal recourse to defeat unworthy […]
State Sues Huntington Used-Car Dealer, Alleging Warranty Violations
Repeated complaints have prompted the state to file an action against a used-car dealer that alleges numerous violations of the state’s Consumer Credit and Protection Act. West Virginia Attorney General Patrick Morrissey announced in August 2016 that his office took this step against Dunfee’s Used Cars in Huntington after the business was cited for a […]
PF&F Prevents Overreach by Plaintiff in Trial of Multi-Vehicle Accident
At Pullin, Fowler, Flanagan, Brown & Poe, PLLC, we like to talk about the “PF&F difference.” That phrase often refers to the intangibles of quality legal service, but in a lawsuit decided July 6, 2016, that difference was $90,000 or more in our client’s favor. The case, Fletcher v. Elliot, arose from a multi-vehicle auto […]
PF&F Wins Appeal for West Virginia Board of Education in Superintendent Firing Case
In a case that may have lasting implications for at-will employees of State government, the Supreme Court of Appeals of West Virginia ruled in favor of the West Virginia Board of Education and Board President L. Wade Linger, Jr. In an opinion filed on November 10, 2015, the Court dismissed a controversial lawsuit brought by […]
What You Should Know about Construction Liens in West Virginia
Construction projects can run into problems for various reasons. Financing may fall through, there may be a dispute about the terms of the contract, or the property owner may be dissatisfied with a contractor or subcontractor’s performance. Regardless of the cause, such problems typically result in someone who has invested labor and/or materials in the […]
What Are the Greatest Risk Factors in Trucking Accidents?
The Federal Motor Carrier Safety Administration has a mission to reduce the number and severity of large truck- and bus-involved crashes through inspections, enforcement, rulemaking, and research. As part of that mission, FMCSA examined data on large truck accidents to identify factors that may increase the probability that a crash will occur. In a recently […]
Dispute Resolution and Insurance Litigation
It is common for insurance companies and their insured to disagree as to whether a specific insurance claim is covered under the applicable policy. A straightforward claim for coverage can easily turn into a time-consuming dispute between parties. Thus, it is essential for insurance companies to obtain effective legal representation to assist with their insurance […]
Insurance Defense Involving a Common Carrier
A “common carrier” is a person or company that transports goods or people for another party and is responsible for any possible loss of the goods during transport. Common examples of common carriers are forms of public transportation including busing and trucking companies. The Carmack Amendment, 49 U.S.C. §14706, provides the shipper with a statutory […]
