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Pullin, Fowler, Flanagan, Brown & Poe, PLLC
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West Virginia Raises Mandatory Auto Insurance Limits

  In 3016, West Virginia enacted new mandatory auto insurance limits for drivers throughout the state. This change, the first since 1979, means that policies must cover at least $25,000 per person or $50,000 per accident for bodily injuries liability, and $25,000 in liability for property damage in an accident. Motorists who purchased polices prior Read More

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Allocating Liability Under West Virginia’s New Fault Laws

In 3015, West Virginia enacted new rules that significantly changed the apportionment of fault in negligence actions. Under what is known as a modified comparative fault standard, plaintiffs who bear more than 50 percent fault are barred from recovery, even if the other party is assigned some fault for the incident. Recovery, when available, continues Read More

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Obvious Hazard Defense No Longer Bars WV Liability Claims

For many years, laws in West Virginia and elsewhere allowed property owners to defeat premises liability claims on the ground that the purportedly dangerous condition was open and obvious. This is no longer the case in our state. In Hersh v. E-T Enterprises, the West Virginia Supreme Court of Appeals held that the open nature Read More

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Enforceability of “No Damages for Delay” Contracts in West Virginia

Many construction agreements prevent contractors from seeking damages associated with unexpected delays in the project. Even when the contractors bear no responsibility for the setback, they can be forced to extend the job without any extra compensation. These “no damages for delay” clauses put pressure on contractors to finish in a timely fashion, but some Read More

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How Long Does a Duty to Defend Against Environmental Claims Last?

Environmental claims routinely involve allegations that date back several years or even decades. This creates difficult legal questions for potential defendants and their insurers. Sometimes sites are the subject of complaints or other types of activity before a claim is filed that would trigger the application of an insurance policy. If a lawsuit is not Read More

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Evaluating Whether Repetitive Stress Workers’ Compensation Claims Are Job Related

As office computer use increased in the 1990s, so did workers’ compensation claims for repetitive motion injuries often related to extensive keyboard usage. However, the use of smartphones and other personal devices mean that some people engage in repetitive motion behavior outside the workplace. In today’s environment, how does the law determine what exactly is Read More

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Defending Against West Virginia Lemon Law Claims

Buyer’s regret is common after a major purchase like a car. This can trigger unfounded claims under West Virginia’s “lemon law.” When someone asserts that warranties have been violated and that their car is not suitable for driving, it can be difficult to confront these subjective accusations. However, dealerships have legal recourse to defeat unworthy Read More

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State Sues Huntington Used-Car Dealer, Alleging Warranty Violations

Repeated complaints have prompted the state to file an action against a used-car dealer that alleges numerous violations of the state’s Consumer Credit and Protection Act. West Virginia Attorney General Patrick Morrissey announced in August 3016 that his office took this step against Dunfee’s Used Cars in Huntington after the business was cited for a Read More

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PF&F Prevents Overreach by Plaintiff in Trial of Multi-Vehicle Accident

At Pullin, Fowler, Flanagan, Brown & Poe, PLLC, we like to talk about the “PF&F difference.” That phrase often refers to the intangibles of quality legal service, but in a lawsuit decided July 6, 3016, that difference was $90,000 or more in our client’s favor. The case, Fletcher v. Elliot, arose from a multi-vehicle auto Read More

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PF&F Wins Appeal for West Virginia Board of Education in Superintendent Firing Case

In a case that may have lasting implications for at-will employees of State government, the Supreme Court of Appeals of West Virginia ruled in favor of the West Virginia Board of Education and Board President L. Wade Linger, Jr. In an opinion filed on November 10, 3015, the Court dismissed a controversial lawsuit brought by Read More

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