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KENNEY v. INDEPENDENT ORDER OF FORESTERS

No. 13-1788.

744 F.3d 901 (2014)

Audrey Dianne KENNEY, Plaintiff-Appellant, v. The INDEPENDENT ORDER OF FORESTERS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 10, 2014.

Attorney(s) appearing for the Case

ARGUED: Don C.A. Parker , Spilman, Thomas & Battle, PLLC, Charleston, West Virginia, for Appellant. Robert Lawrence Massie , Nelson Mullins Riley & Scarborough LLP, Huntington, West Virginia, for Appellee. ON BRIEF: Glen A. Murphy , Spilman, Thomas & Battle, PLLC, Charleston, West Virginia, for Appellant. S. Taylor Hood , Nelson Mullins Riley & Scarborough LLP, Huntington, West Virginia, for Appellee.

Reversed and remanded by published opinion. Judge FLOYD wrote the opinion, in which Judge AGEE and Judge KEENAN joined.

FLOYD, Circuit Judge:

At least three times during the past two decades, federal courts in our Circuit have called upon West Virginia's highest court to answer certified questions regarding the West Virginia Unfair Trade Practices Act (WVUTPA). Each time, the Supreme Court of Appeals of West Virginia determined that actions pursuant to the WVUTPA sound in tort and not in contract. Taylor v. Nationwide Mut. Ins. Co., 214 W.Va. 324

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