Flaherty Secures Dismissal of $230,000+ Bad Faith Claim Against Travelers
Flaherty attorney Erica Baumgras obtained summary judgment on behalf of The Travelers Indemnity Company of Connecticut in the Circuit Court of Kanawha County, West Virginia, defeating statutory bad-faith claims arising from a residential flood loss. Judge Kenneth Ballard entered the Order on April 16, 2026.
The plaintiffs asserted multiple causes of action under the West Virginia Unfair Trade Practices Act, W. Va. Code § 33-11-4(9), alleging unfair claim settlement practices in connection with the handling of water damage and related personal property losses following a ruptured water line. Plaintiffs sought compensatory damages exceeding $230,000, as well as punitive damages.
Flaherty moved for summary judgment on the grounds that W. Va. Code § 33-11-4a(a) bars statutory third-party bad faith claims against insurers. The Circuit Court agreed and dismissed all claims against Travelers. The plaintiffs did not appeal the ruling.
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