Attorneys Matthew Perry and Randall Trautwein obtain a motion for summary judgment on behalf of a large insurance carrier.
Plaintiffs filed suit against the insurance company seeking a declaratory judgment requiring the insurer to cover their claim for alleged water damage to their home in the Circuit Court of Pendleton County, West Virginia. Plaintiffs sought compensatory and general damages for property damages, punitive damages, costs, attorney fees, pre-judgment and post-judgment interest, and other alleged damages, and further requested judgment finding that the insurer had committed insurance bad faith. Burns White attorneys removed the case to the United States District Court for the Northern District of West Virginia, Civil Action.
After completion of discovery, the parties filed cross-motions for summary judgment. On March 27, 2026, United States District Court Chief Judge Thomas S. Kleeh entered a Memorandum Opinion and Order Denying Plaintiffs’ Motion for Summary Judgment and Granting Insurers’ Motion for Summary Judgment. Judge Kleeh found that the policy of insurance did not provide coverage for Plaintiffs’ claims for property damages allegedly caused by water and /or earth movement, citing provisions in the insurers’ policy, applicable law, and Plaintiffs’ deposition testimony. Judge Kleeh further found that the insurer was entitled to judgment as a matter of law with respect to Plaintiffs’ bad faith claim because Plaintiffs had failed to produce specific facts showing that there was a genuine issue for trial.