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West Virginia High Court Holds That Policyholder Providing Its Own Defense under Contract for Third-Party Liability Insurance Must Allocate Damages for Covered and Non-Covered Claims by Hunton & Williams LLP - New York Office
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August 24, 2009
Previously published on August 2009
The West Virginia Supreme Court of Appeals has ruled that a policyholder providing its own defense pursuant to the terms of a contract for third-party liability insurance must allocate between damages for covered and non-covered claims because, in such cases, the insurer is not in the best position to pursue allocation since it is not defending the litigation. Camden-Clark Memorial Hosp. Ass'n v. St. Paul Fire & Marine Ins. Co., No. 33909, 2009 WL 1835016 (W. Va. June 25, 2009).
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