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JENKINS v. J. C. PENNEY CAS. INS. CO.

No. 14607.

280 S.E.2d 252 (1981)

Sharon JENKINS v. J. C. PENNEY CASUALTY INS. CO.

Supreme Court of Appeals of West Virginia.

July 14, 1981.

Attorney(s) appearing for the Case

Baer, Napier & Colburn and James Allan Colburn, Huntington, for appellant.

Campbell, Woods, Bagley, Emerson, McNeer & Herndon, R. Gregory McNeer and Robert K. Emerson, Huntington, for appellee.

MILLER, Justice:

In this case we are asked to consider whether W.Va.Code, 33-11-4(9), relating to unfair insurance claim settlement practices, gives rise to an initial direct cause of action against an insurance company by a third-party claimant. We hold that it does, but not until the underlying suit against the insured has been resolved.

Sharon Jenkins sued the J. C. Penney Casualty Insurance Company contending...

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