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MOSES ENTERPRISES v. LEXINGTON INSURANCE COMPANY

No. 22-1373.

66 F.4th 523 (2023)

MOSES ENTERPRISES, LLC, Plaintiff-Appellee, v. LEXINGTON INSURANCE COMPANY; AIG Claims, Inc., Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 28, 2023.

Attorney(s) appearing for the Case

ARGUED: Robert Lawrence Massie , NELSON MULLINS RILEY & SCARBOROUGH, LLP, Huntington, West Virginia, for Appellants. William Lowell Mundy , MUNDY & ASSOCIATES, Huntington, West Virginia, for Appellee. ON BRIEF: Marc E. Williams , Huntington, West Virginia, James T. Fetter , NELSON MULLINS RILEY & SCARBOROUGH, LLP, Charlotte, North Carolina, for Appellants.

Vacated and remanded by published opinion. Judge Heytens wrote the opinion, in which Judge Thacker and Judge Dawson joined.

This case is about whether an award of attorneys' fees was proper under West Virginia law. Because the district court's analysis omitted a required step, we vacate the fee award and remand for further proceedings.

I.

Plaintiff Moses Enterprises, LLC, sells cars. Moses had an insurance policy issued...

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