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Allocating Liability Under West Virginia’s New Fault Laws

By | Published January 23, 2017 | Posted in Insurance Defense Litigation | Tagged Tags: , , | Comments Off on 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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