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SHELL v. METROPOLITAN LIFE INS. CO.

No. CC986.

380 S.E.2d 183 (1989)

Bobby J. SHELL v. METROPOLITAN LIFE INSURANCE CO., Frank T. Senkoski and John W. Thomas.

Supreme Court of Appeals of West Virginia.

April 6, 1989.

Attorney(s) appearing for the Case

Ricklin Brown, Monica Kaminski, Bowles, McDavid, Graff & Love, Charleston, for Metropolitan Life Ins. and Frank T. Senkoski and John W. Thomas.

James M. Cagle, Charleston, for Bobby J. Shell.

MILLER, Justice:

The circuit court, having found constitutional the provisions of W.Va.Code, 33-12A-1, et seq. (1984), prohibiting an insurance company from discharging its agents except for "good cause" as defined in the statute, has certified this question to us. We find these provisions to be an unconstitutional impairment of existing contractual obligations under Article I, Section 10, Clause 1 of the United States Constitution1

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