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HICKS EX REL. SAUS v. JONES

No. 31754.

617 S.E.2d 457 (2005)

217 W.Va. 107

Garrett M. HICKS, a minor, By and Through Donna J. SAUS, his mother, guardian and next friend, and Donna J. Saus, individually, and on behalf of all others similarly situated, Plaintiffs Below, Appellees, v. Todd A. JONES; Criswell Electric Motor Service, Inc., a division of Mull Machine Company, a West Virginia corporation; Mull Machine Company, a West Virginia corporation; and Liberty Mutual Fire Insurance Company, a foreign corporation, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Filed: July 8, 2005.

Attorney(s) appearing for the Case

Robert P. Fitzsimmons, Esq., Russell J. Guthrie, Esq., Fitzsimmons Law Offices, Michael W. McGuane, Esq., Wheeling, Carl S. Kravitz, Esq., Frost Brown Todd, LLC, Washington, DC, for Appellees.

Clarence E. Martin, III, Esq., Susan Snowden, Esq., Allison A. Marquina, Esq., Martin & Seibert, LC, Martinsburg, for Amicus Curiae West Virginia Chamber of Commerce.

Ancil G. Ramey, Esq., Hannah G. Curry, Esq., Steptoe & Johnson, Charleston, James F. Companion, Esq., Schrader, Byrd & Companion, PLLC, Wheeling, Charles S. Cassis, Esq., Donald L. Miller, Esq., Zuckerman, Spaeder, LLP, Louisville, KY, for Liberty Mutual Fire Insurance Company.

Justice STARCHER delivered the Opinion of the Court.

STARCHER, J.

In this appeal from the Circuit Court of Ohio County, we are asked to review a circuit court order finding that when an insurance company settles a plaintiff's loss of earnings claim for net, after-tax wages rather than gross wages, as a matter of law the insurance company has failed to make a "fair and equitable" settlement offer in violation of the West Virginia Unfair Trade Practices Act...

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