Tiffany R. Durst

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Tiffany R. Durst: Attorney with Pullin, Fowler, Flanagan, Brown & Poe, PLLC
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Biography

Tiffany R. Durst was born in Waynesburg, Pennsylvania in February 1971. She attended Clay-Battelle High School in Blacksville, West Virginia and then West Virginia University in Morgantown, West Virginia. Tiffany was on the Dean’s List and/or the President’s List for academic honors the entirety of her undergraduate education. In 1993, Tiffany completed her undergraduate education, graduating Magna Cum Laude with a Bachelor of Arts in Sociology and Anthropology.

In the fall of 1994, Tiffany began her legal education at the West Virginia University College of Law in Morgantown, West Virginia. Tiffany earned her J.D. in 1997 from the College of Law.

Following admission to the West Virginia State Bar, Tiffany began work with McNeer, Highland, McMunn & Varner, L.C., in Clarksburg, West Virginia as an associate. In 2004, Tiffany became a director with McNeer, Highland, McMunn & Varner, L.C. Tiffany’s practice included defense litigation, representing insurers and corporations in a wide variety of litigation including insurance defense, insurance coverage, insurance extracontractual liability (bad faith), medical malpractice defense, nursing home negligence defense, legal malpractice defense, adoption, and personal injury defense. In addition, Tiffany had an active appellate practice before the West Virginia Supreme Court of Appeals, presenting oral argument before the Court in both appeals and extraordinary petitions on several occasions. In that regard, Tiffany was chief appellate counsel in Strahin v. Sullivan, 220 W.Va. 329, 647 S.E.2d 765, (2007) and Jackson v. State Farm Mutual Automobile Insurance Company, 215 W. Va. 364, 600 S.E.2d 346 (2004), two seminal cases addressing insurance bad faith and excess verdicts in the State of West Virginia.

In March of 2008, Tiffany continued her legal practice when she joined the law firm of Pullin, Fowler, Flanagan, Brown & Poe, PLLC, as a member, in the firm’s Morgantown office. She has continued her appellate practice and has also developed an active trial practice with over forty trials where she represents clients in a number of different areas of the law, including bad faith, deliberate intent, employment law and medical malpractice.

Tiffany is admitted to practice before the West Virginia Supreme Court of Appeals, the United States District Court, in both the Northern and Southern Districts of West Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court.

Tiffany is also actively involved in the Monongalia County Bar Association currently serving as Secretary. She is also a member of the American Board of Trial Advocates where she serves as Vice President of the West Virginia Chapter. In addition, Tiffany serves as a Board Member for Panhandle Farmers Mutual Insurance Company.

Tiffany currently resides in Blacksville with her husband, James, and their two labs, Loomis and Darby. She enjoys all things WVU Sports and vacationing at the beach. Tiffany is also a member of Mason-Dixon Rotary where she enjoys service-oriented activities in her local community.

Awards & Honors

AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®

West Virginia Super Lawyers Civil Litigation: Defense 2013-2018 and 2021-present

America's Top 100 High Stakes Litigators List 2018, 2019, 2020, 2021, 2022, 2023, 2024

America's Top 100 Civil Defense Litigators 2018, 2019, 2020, 2021

Best Lawyers in America – Recognized in Appellate Practice, Insurance Law, Personal Injury Litigation – Defendants: 2020, 2021, 2022, 2023, 2024

Areas of Practice (11)

  • Appellate Practice
  • General Civil Litigation
  • Extra Contractual Insurance Claims / Bad Faith
  • Insurance Adjuster Liability
  • Insurance Coverage
  • Legal and Medical Malpractice Defense
  • Deliberate Intent Defense
  • Nursing Home Negligence Defense
  • Personal Injury Defense
  • Wrongful Death
  • Employment Law

Education & Credentials

University Attended:
West Virginia University, B.A., Sociology and Anthropology, magna cum laude, President's List, Dean's List, Golden Key National Honor Society, Certificate of Achievement, Eberly College of Arts and Sciences, 1993 Outstanding Senior in the Department of Sociology and Anthropology, Undergraduate Statistics Teaching Fellowship, 1993
Law School Attended:
West Virginia University College of Law, J.D., Class Rank 19 of 138, 1997
Year of First Admission:
1997
Admission:
1997, West Virginia; 2003, U.S. Court of Appeals, Fourth Circuit; 2011, U.S. Supreme Court; 1997, U.S. District Court, Northern and Southern Districts of West Virginia
Memberships:
Monongalia, Harrison County (Member, Board of Directors, 2002 — Present) and American Bar Association (Member, Tort and Insurance Practice Section — TIPS); West Virginia State Bar (Member, Young Lawyers Executives Committee, 2003 — 2006) Defense Research Institute (Member: Insurance Law Committee; Appellate Advocacy Committee)
Birth Information:
Waynesburg, Pennsylvania, February 22, 1971
Reported Cases:

Representative Cases:

Dale F. v. Peters, No. 19-0594 (W.Va. 2020)ALPS Prop. & Cas. Ins. Co. v. Murphy, 473 F. Supp. 3d (585) (N.D. W.Va. 2020)Scolapio v. Harrison County Commission, No. 19-0543 (W.Va. 2020)Scotchel v. State Farm Mut. Auto. Ins. Co., No. 18-1029 (W.Va. 2020)J.A. Street & Assoc., Inc. v. Bitco General Insu. Corp., No. 17-0079 (W.Va. 2019)Fielder v. R.V. Coleman Trucking, Inc., 285 F. Supp 3d 956 (N.D. W.Va. 2018)Blackrock Capitol Inv. Corp v. Fish, 239 W.Va. 89 ,799 S.E. 2d 520 (2017)Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 239 W.Va. 549, 803 S.E.2d 519(2017)Doe v. Pak, 237 W.Va. 1,784 S.E. 2d 328 (2016)Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 783 F.3d 976 (4th Cir., 2015)Kenney v. Liston, 233 W.Va. 620, 760 S.E. 2d 434 (2014)Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 2013 U.S. District Lexis 136 509 (N.D. W.Va. 2013)Ohio Power Co v. Pullman Power, LLC, 230 W.Va. 605, 741 S.E. 2d 830 (2013)Sayre v. Westfield Ins. Co., 2012 W.Va. Lexis 948 (W. Va 2012)Shoemaker v. Everett, 2012 W.Va. Lexis 946 (W. Va 2012)Thomas v. State Farm Mutual Automobile Ins. Co., 2012 W.Va. Lexis 729 (W. Va. 2012)State ex re. State Farm Mutual Automobile Insurance Company v. Bedell, 228 W.Va. 252, 719 S.E.2d 722 (2011)State ex rel. State Farm Mutual Automobile Insurance Company v. Bedell, 226 W.Va. 138, 697 S.E. 2d. 730 (2010)Brown v. The City of Fairmont, 655 S.E. 2d 563 (W. Va. 2007)Strahin v. Sullivan, 647 S.E.2d 765 (W. Va. 2007)Swiger v. United Valley Insurance Company, 189 Fed. Appx 234 (4th Circuit 2006)Jackson v. State Farm Mutual Automobile Insurance Company, 600 S.E.2d 346 (W. Va. 2004)Moore v. CNA Insurance Company, 599 S.E.2d 709 (W. Va. 2004)Strahin v. Cleavenger, 603 S.E.2d 197 (W. Va. 2004)Hutchens v. Progressive Paloverde Insurance Company, 211 F. Supp. 2d 788 (S.D.W.Va. 2002)Dairyland Insurance Company v. Fox, 550 S.E.2d 388 (W. Va. 2001)Slider v. State Farm Mutual Automobile Insurance Company, 557 S.E.2d 883 (W. Va. 2001)Lee v. Gentlemen’s Club, Inc., 542 S.E.2d 78 (W. Va. 2000)State Auto Mutual Insurance Company v. Alpha Eng’g Services, 542 S.E.2d 876 (W. Va. 2000)West Virginia Fire & Casualty Company v. Matthews, 543 S.E.2d 664 (W. Va. 2000)Klettner v. State Farm Mutual Automobile Insurance Company, 519 S.E.2d 870 (W. Va. 1999)Lawyer Disciplinary Board v. Kupec, 515 S.E.2d 600 (W. Va. 1999)McCammon v. Oldaker, 516 S.E.2d 38 (W. Va. 1999)State ex rel. West Virginia Fire & Casualty Company v. Karl, 505 S.E.2d 210 (W. Va. 1998)
ISLN:
912363729

Peer Reviews

4.3/5.0 (21 reviews)
Martindale-Hubbell® AV Preeminent Rating Badge
  • Legal Knowledge

    4.3/5.0
  • Analytical Capability

    4.2/5.0
  • Judgment

    4.0/5.0
  • Communication

    4.3/5.0
  • Legal Experience

    4.5/5.0
  • 5.0/5.0 Rated by a Partner on 03/05/21 in Litigation

    I have know Ms. Durst for 20 years and I believe she is one of the most capable litigators in the State of West Virginia.

  • 5.0/5.0 Rated by a Member on 11/22/17 in Civil Litigation

    Tiffany is a hard working, diligent lawyer who serves her clients well.

  • 5.0/5.0 Rated by a Partner on 02/01/16 in Personal Injury Defense

  • 5.0/5.0 Rated by a Sole Practitioner on 01/31/16 in Personal Injury Defense

    I have known Tiffany for 20 years. She is an excellent lawyer and person.

  • 5.0/5.0 Rated by a Managing Partner on 01/30/16 in Personal Injury Defense

    Tiffany is a confident, high-energy, quick-thinking, and intelligent trial lawyer who thoroughly enjoys trying cases and has had much success throughout the state. She certainly deserves an "av" rating for her work.

  • 5.0/5.0 Rated by a Managing Partner on 01/30/16 in Personal Injury Defense

  • 5.0/5.0 Rated by a Unknown on 05/22/08 in Defense Litigation

  • 4.8/5.0 Rated by a Managing Partner on 02/01/16 in Personal Injury Defense

  • 4.6/5.0 Rated by a Associate on 01/30/16 in Appellate Practice

  • 4.6/5.0 Rated by a Managing Partner on 10/28/14 in Civil Litigation

Peer reviews submitted prior to 2008 are not displayed.

Other Legal Directories

Lawyers Client Review
5.0/5.0 (4 reviews)
Silver Client Champion

Going through civil litigation can be stressful to say the least. But Tiffany and her firm made the process as easy as it could be. She kept us informed and up to speed at each step of the litigation....

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