Partner Obtains Judgment in Favor of Insurer

In an extra-contractual case against an underinsurer, partner, Greg McDermott, and retired partner, Ron Johnson, obtained summary judgment in favor of the underinsurer in July, 2017 when a circuit court ruled: (a) that under the insurance policy, and W.V. Code §33-6-31(b), plaintiffs were not entitled to payment for underinsured motorist coverage benefits prior to exhaustion, constructive or otherwise, of the liability limits of the tortfeasor’s insurance policy; (b) that the underinsurer had no obligation to offer plaintiffs, and plaintiffs had no right to receive, underinsured motorist coverage benefits until exhaustion of the liability limits of the tortfeasor’s liability policy; (c) that the underinsurer acted lawfully in withholding payment of underinsured motorist coverage benefits until after plaintiff settled with the tortfeasor’s liability carrier; and (d) the underinsurer’s payment of underinsured motorist coverage benefits to plaintiffs within 30 days of the liability insurance carrier’s tender of its policy limits satisfied any legal obligations the underinsurer had to the plaintiffs with respect to underinsured motorist coverage.