Tiffany R. Durst

Tiffany R. Durst is a seasoned trial and appellate attorney with nearly three decades of experience defending clients in complex civil litigation. Her practice focuses on employment law, insurance coverage and bad faith litigation, transportation, governmental and municipal liability, civil rights claims, and medical and legal malpractice defense. She represents insurers, corporations, and individuals across a wide range of matters, including personal injury defense, deliberate intent claims, and extra-contractual insurance disputes. Tiffany also maintains an active appellate practice, having argued numerous cases before the West Virginia Supreme Court of Appeals and the United States Court of Appeals for the Fourth Circuit, and has served as appellate counsel in significant cases involving insurance bad faith and excess verdict exposure.

Tiffany is known for her willingness to take cases to trial when necessary and her ability to guide clients through high-stakes disputes with confidence and clarity. She has tried more than 45 cases in both state and federal courts, including securing defense verdicts in complex matters such as excessive force and wrongful death claims. Her approach is grounded in a practical understanding that while many cases can be resolved through negotiation, some require a steadfast commitment to trial advocacy to achieve the best outcome.

Tiffany views her role as more than just legal representation. She understands that clients often come to attorneys during some of the most difficult moments in their lives, and she finds it deeply rewarding to help them navigate those challenges. Through that process, she has built lasting relationships with many clients—relationships that extend well beyond the conclusion of a case and reflect the trust and connection formed along the way.

She is an active leader in the legal community, serving as President of the West Virginia Chapter of the American Board of Trial Advocates and maintaining involvement with several professional organizations, including the International Association of Defense Counsel and the Defense Trial Counsel of West Virginia.

Tiffany has been widely recognized for her professional excellence, including an AV Preeminent® rating from Martindale-Hubbell®, repeated selection to Best Lawyers in America, and inclusion in America’s Top 100 High Stakes Litigators.

Outside of her practice, Tiffany enjoys spending time with her family, traveling—particularly to the Florida Keys—and being on the water fishing.

Professional Involvement

• Defense Trial Counsel of West Virginia 
• International Association of Defense Counsel 
• American Board of Trial Advocates
  • Current President of the WV Chapter
• Monongalia County Bar Association
  • President (2023)
  • Vice President (2022)
  • Secretary (2021)       

Representative Cases

• Spatafore v. City of Clarksburg, 24-2062 (4^th Cir., Jan. 7, 2026) (unpublished decision)      
• Jones v. Town of Lumberport, 23-ICA-540 (W. Va. ICA Dec. 23, 2024)
• Monongalia County Commission v. Stewart, ___ W. Va. ___, 914 S.E.2d 677 ( W. Va. 2024)
• State Farm Fire & Cas. Co. v. Nathaniel Realty, 874 S.E.2d 788 (W. Va. 2022)
• Dale F. v. Peters, No. 19-0594 (W. Va. 2020)
• ALPS Prop. & Cas. Ins. Co. v. Murphy, 473 F. Supp. 3d (585) (N.D. W.Va. 2020)
• Scolapio v. Harrison County Commission, No. 19-0543 (W.Va. 2020)
• Scotchel v. State Farm Mut. Auto. Ins. Co., No. 18-1029 (W.Va. 2020)
• J.A. Street & Assoc., Inc. v. Bitco General Insu. Corp., No. 17-0079 (W.Va. 2019)
• Fielder v. R.V. Coleman Trucking, Inc., 285 F. Supp 3d 956 (N.D. W.Va. 2018)
• Blackrock Capitol Inv. Corp v. Fish, 239 W.Va. 89 ,799 S.E. 2d 530 (2017)
• Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 239 W.Va. 549, 803 S.E.2d 519(2017)
• Doe v. Pak, 237 W.Va. 1,784 S.E. 2d 328 (2016)
• Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 783 F.3d 976 (4th Cir., 2015)
• Kenney v. Liston, 233 W.Va. 630, 760 S.E. 2d 434 (2014)
• Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 2013 U.S. District Lexis 136 509 (N.D. W.Va. 2013)
• Ohio Power Co v. Pullman Power, LLC, 230 W.Va. 605, 741 S.E. 2d 830 (2013)
• Sayre v. Westfield Ins. Co., 2012 W.Va. Lexis 948 (W. Va 2012)
• Shoemaker v. Everett, 2012 W.Va. Lexis 946 (W. Va  2012)
• Thomas v. State Farm Mutual Automobile Ins. Co., 2012 W.Va. Lexis 729 (W. Va. 2012)
• State ex re. State Farm Mutual Automobile Insurance Company v. Bedell, 228 W.Va. 252, 719 S.E.2d 722 (2011)
• State ex rel. State Farm Mutual Automobile Insurance Company v. Bedell, 226 W.Va. 138, 697 S.E. 2d. 730 (2010)
• Brown v. The City of Fairmont, 655 S.E. 2d 563 (W. Va. 2007)
• Strahin v. Sullivan, 647 S.E.2d 765 (W. Va.  2007)
• Swiger v. United Valley Insurance Company, 189 Fed. Appx 234 (4th Circuit 2006)
• Jackson v. State Farm Mutual Automobile Insurance Company, 600 S.E.2d 346 (W. Va. 2004)
• Moore v. CNA Insurance Company, 599 S.E.2d 709 (W. Va. 2004)
• Strahin v. Cleavenger, 603 S.E.2d 197 (W. Va. 2004)
• Hutchens v. Progressive Paloverde Insurance Company, 211 F. Supp. 2d 788 (S.D.W.Va. 2002)
• Dairyland Insurance Company v. Fox, 550 S.E.2d 388 (W. Va. 2001)
• Slider v. State Farm Mutual Automobile Insurance Company, 557 S.E.2d 883 (W. Va. 2001)
• Lee v. Gentlemen's Club, Inc., 542 S.E.2d 78 (W. Va. 2000)
• State Auto Mutual Insurance Company v. Alpha Eng'g Services, 542 S.E.2d 876 (W. Va. 2000)
• West Virginia Fire & Casualty Company v. Matthews, 543 S.E.2d 664 (W. Va. 2000)
• Klettner v. State Farm Mutual Automobile Insurance Company, 519 S.E.2d 870 (W. Va. 1999)
• Lawyer Disciplinary Board v. Kupec, 515 S.E.2d 600 (W. Va. 1999)
• McCammon v. Oldaker, 516 S.E.2d 38 (W. Va. 1999)
• State ex rel. West Virginia Fire & Casualty Company v. Karl, 505 S.E.2d 210 (W. Va. 1998)

Writing, Publications, Speaking:

• West Virginia Trucking Association Convention, “Preparation of Employees for Statements, Interviews, Depositions and Controlling Social Media,” September 22, 2016
• Expert Witness Workshop, Defense Trial Counsel Young Lawyers Committee 2016 CLE Seminar, “Medical Experts and Future Damages,” September 9, 2016
• Trial Academy, Defense Trial Academy of West Virginia, “Admitting Evidence at Trial,” November 15, 2014
• Building Your Civil Trial Skills - 'How to Handle Post Trial Issues', National Business Institute, June 28, 2012
• Insurance Bad Faith Claims, Lorman Education Services, May 3, 2012
• Insurance Bad Faith Claims, Lorman Education Services, May 25, 2010
• Insurance Bad Faith, Lorman, May 29, 2008
• Update on Bad Faith Law Travelers Insurance, May 22, 2008
• Understanding First Party Liability Issues in Health and Disability Policies, WVU College of Law, September 21, 2007
• Insurance Bad Faith, Lorman, May 31, 2007
• Update on Law, West Virginia Association of Insurance Companies, May 10, 2007
• Insurance Law Update: Understanding Current Coverage Trends, NBI, March 1, 2007
• Third National Advanced Forum on Environmental Insurance Claims and Litigation, ACI, January 25, 2007
• Seventh National Forum on Litigating, Settling and Managing Asbestos Claims, ACI, June 15, 2006
• Bad Faith and Employment Practices Coverage, State Auto Insurance Seminar, May 1, 2005; Eighth National Advanced Forum on Litigating Disability Insurance Claims, ACI, March 4, 2005
• Insurance Coverage Law in West Virginia, NBI, May 6, 2004 

Practice concentrations

• Appellate practice
• Bad faith/extra-contractual defense
• Deliberate intent claims
• Employment law, including claims before the WV Human Rights Commission
• Excessive force/1983 claims
• General civil litigation/personal injury defense
• Governmental/municipal liability defense
• Insurance coverage
• Legal and medical malpractice
• Trucking injury claims defense

Additional Legal Experience

• Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Member (2008 - 2026)
• McNeer, Highland, McMunn & Varner, L.C., Director (2004 - 2008)
• McNeer, Highland, McMunn & Varner, L.C., Associate (1997 - 2003)
• Oliver & Yackel, Law Clerk (1995 - 1997)

• AV Preeminent® Peer-Review Rated by Martindale-Hubble®
• America’s Top High Stakes Litigators (2018 to Present)
• America’s Top 100 Civil Defense Litigators (2018 to Present)
• Listed, The Best Lawyers in America©
  • Appellate Practice (2020 to Present)
  • Insurance Law (2020 to Present)
  • Personal Injury Litigation – Defendants (2020 to Present)
• Listed, West Virginia Super Lawyers
  • Civil Litigation Defense (2013 to 2018 and 2021 to Present)
• Lawyers of Distinction (2022 - 2025)