IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA FILED January 2026 Term June 10, 2026 released at 3:00 p.m.
No. 24-20 C. CASEY FORBES, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA
ANDREA DALE DYE, Petitioner,
v.
FARMERS & MECHANICS MUTUAL INSURANCE COMPANY OF WEST VIRGINIA, Respondent.
Appeal from the Intermediate Court of Appeals No. 22-ICA-301 (Circuit Court of Marion County No. 18-C-110)
AFFIRMED ________________________________________________________
Submitted: March 25, 2026 Filed: June 10, 2026
Eric M. Hayhurst, Esq. Brent K. Kesner, Esq. Hayhurst Law, PLLC Ernest G. Hentschel, II, Esq. Morgantown, West Virginia Kesner & Kesner, PLLC Counsel for the Petitioner Charleston, West Virginia Counsel for the Respondent
JUSTICE TITUS delivered the Opinion of the Court. JUSTICES WOOTON AND TRUMP concur, in part, and dissent, in part, and reserve the right to file dissenting opinions. SYLLABUS BY THE COURT
1. “On appeal of a decision from the Intermediate Court of Appeals of
West Virginia, the Supreme Court of Appeals of West Virginia applies a de novo standard
of appellate review to a circuit court’s entry of summary judgment.” Syl. Pt. 1, Moorhead
v. W. Va. Army Nat’l Guard, 251 W. Va. 600, 915 S.E.2d 378 (2025).
2. “Summary judgment is appropriate where the record taken as a whole
could not lead a rational trier of fact to find for the nonmoving party, such as where the
nonmoving party has failed to make a sufficient showing on an essential element of the
case that it has the burden to prove.” Syl. Pt. 4, Painter v. Peavy, 192 W. Va. 189, 451
S.E.2d 755 (1994).
3. “‘Although the doctrines of waiver and estoppel are both grounded in
equity, they differ significantly in application. To effect a waiver, there must be evidence
which demonstrates that a party has intentionally relinquished a known right. Estoppel
applies when a party is induced to act or to refrain from acting to her detriment because of
her reasonable reliance on another party’s misrepresentation or concealment of a material
fact.’ Syllabus point 2, Ara v. Erie Ins. Co., 182 W. Va. 266, 387 S.E.2d 320 (1989).’” Syl.
Pt. 1, Potesta v. U.S. Fidelity & Guar. Co., 202 W. Va. 308, 504 S.E.2d 135 (1998).
i 4. “Generally, the principles of waiver and estoppel are inoperable to
extend coverage beyond the terms of an insurance contract.” Syl. Pt. 5, Potesta v. U.S.
Fidelity & Guar. Co., 202 W. Va. 308, 504 S.E.2d 135 (1998).
5. “Exceptions to the general rule that the doctrine of estoppel may not
be used to extend insurance coverage beyond the terms of an insurance contract, include,
but are not necessarily limited to, instances where an insured has been prejudiced because:
(1) an insurer’s, or its agent’s, misrepresentation made at the policy’s inception resulted in
the insured being prohibited from procuring the coverage s/he desired; (2) an insurer has
represented the insured without a reservation of rights; and (3) the insurer has acted in bad
faith.” Syl. Pt. 7, Potesta v. U.S. Fidelity & Guar. Co., 202 W. Va. 308, 504 S.E.2d 135
(1998).
6. “Language in an insurance policy should be given its plain, ordinary
meaning.” Syl. Pt. 1, Soliva v. Shand, Morahan & Co., Inc., 176 W. Va. 430, 345 S.E.2d
33 (1986), overruled on other grounds by National Mut. Ins. Co. v. McMahon & Sons, Inc.,
177 W. Va. 734, 356 S.E.2d 488 (1987).
7. “Where the provisions of an insurance policy contract are clear and
unambiguous they are not subject to judicial construction or interpretation, but full effect
will be given to the plain meaning intended.” Syl., Keffer v. Prudential Ins. Co. of America,
153 W. Va. 813, 172 S.E.2d 714 (1970).
ii TITUS, Justice:
In 2018, the petitioner, Andrea Dale Dye, was named as a defendant in a
timber trespass action that was filed by Gregory S. Bradley and Judy Johnson Bradley (“the
Bradleys”) in the Circuit Court of Marion County (“underlying case”). Ms. Dye’s
homeowner’s insurance company, Farmers & Mechanics Mutual Insurance Company of
West Virginia (“F&M”) defended Ms. Dye against the Bradleys’ claims subject to a
reservation of rights to contest coverage. On October 22, 2018, F&M sought to intervene
in the underlying case to seek a declaratory judgment as to the coverage issues. After
concluding that an exclusion in Ms. Dye’s homeowner’s policy (“F&M Policy”) precluded
coverage, the circuit court granted summary judgment to F&M on the issue of coverage.
Ms. Dye appealed to the Intermediate Court of Appeals (“ICA”), and in a memorandum
decision issued on November 16, 2023, the ICA affirmed the circuit court’s summary
judgment order.1
Upon careful review of the briefs, the appendix record, the arguments of the
parties, and the applicable legal authority, we affirm the decision of the ICA finding that
the circuit court did not err in granting summary judgment to F&M on the coverage issue.
I. FACTUAL AND PROCEDURAL HISTORY
1 Dye v. Farmers & Mechanics Mut. Ins. Co. of W. Va., No. 22-ICA-301, 2023 WL 7922892 (W. Va. Ct. App. Nov. 16, 2023) (memorandum decision). 1 According to Ms. Dye, in late 2015, she was approached by Larry Jones of
Jones Hauling about obtaining a temporary easement across her land to remove timber
from the property of one of her neighbors, the Hayeses. 2 During that conversation, Mr.
Jones inquired about also timbering Ms. Dye’s property, and in that regard, he provided
her with a “Timber Sale Contract” to review. On January 10, 2016, Ms. Dye and Mr. Jones
d/b/a Jones Hauling entered into a “Timber Sale Contract” for the sale of “all standing
timber, as herein defined, growing on and forming a part of real property owned by [Ms.
Dye].” It is believed that the timbering at issue occurred in early to mid-2016.
During the summer of 2017, the Bradleys visited their property and
discovered that it had been timbered. The Bradleys reported the theft of their timber and
thereafter, on July 25, 2018, they filed a complaint against Ms. Dye and others seeking to
recover for the timber theft, property destruction, and treble damages.3 Because the instant
case involves an insurance coverage dispute, we limit our review to that issue.4
2 The Hayeses’ property bordered Ms. Dye’s property. 3 In the underlying case, the additional named defendants were Mr. Jones and his wife, Roberta, individually and d/b/a Jones Hauling and other unknown defendants. The Bradleys sought treble damages pursuant to West Virginia Code § 61-3-48a. 4 The underlying case was previously before this Court. See Bradley v. Dye, 247 W. Va. 100, 875 S.E.2d 238 (2022) (reversing the circuit court’s grant of summary judgment to Ms. Dye on various grounds). 2 On October 22, 2018, F&M filed a Motion to Intervene in the underlying
case to seek a declaratory judgment with respect to the coverage issues. This motion was
granted on February 19, 2019, and F&M filed its Third-Party Complaint for Declaratory
Judgment. Thereafter, F&M filed a motion for summary judgment in which it asserted
that: (1) Ms. Dye was not entitled to coverage or to a defense under the F&M policy
because the acts alleged in the Bradleys’ complaint did not constitute an “occurrence” as
defined in the F&M Policy; and (2) even if the acts alleged in the Bradleys’ complaint were
found to satisfy the F&M Policy definition of an “occurrence,” several exclusions within
the F&M Policy barred coverage and indemnity. The circuit court denied F&M’s motion
for summary judgment. Following this ruling, Ms. Dye added counterclaims against F&M
alleging “bad faith,” violations of the West Virginia Unfair Trade Practices Act, and
“Hayseeds damages.”5
In January 2020, the Bradleys made a policy limits demand for settlement
against Ms. Dye and F&M; however, this demand was withdrawn by letter dated April 10,
2020. At a mediation held on May 12, 2020, Ms. Dye demanded $100,000 from F&M to
resolve her claims for attorney fees, breach of contract, and bad faith. By letter dated May
22, 2020, Susan Snowden, counsel for F&M made a monetary offer to settle “any and all”
of Ms. Dye’s claims against F&M for $15,000. By letter dated June 4, 2020, Rose Casey,
a Litigation Claims Specialist for F&M, sent a letter to Ms. Dye’s counsel informing him
5 Hayseeds, Inc. v. State Farm Fire & Casualty, 177 W. Va. 323, 352 S.E.2d 73 (1986). 3 that if F&M received “a demand within the policy limits and are unable to resolve the
matter within policy limits and proceed to trial, that should a verdict be returned in excess
of the policy limits, F&M would satisfy the entire amount of the verdict.”6
On October 19, 2020, Ms. Dye filed a motion for summary judgment and
asserted that Ms. Casey’s letter waived F&M’s coverage position and operated as a
forfeiture of F&M’s prior reservation of rights. According to Ms. Dye, Ms. Casey’s letter
was “dispositive” because it was “an admission by F&M that the liability coverage under
the [F&M Policy] is applicable and the allegations against Ms. Dye meet the definition of
‘occurrence,’ despite any potential jury findings as to intent.” In response, F&M asserted
that the June 4, 2020, letter did not operate as a waiver or relinquishment of its rights under
the F&M Policy.
On January 20, 2021, F&M filed a supplemental response to Ms. Dye’s
outstanding motion for summary judgment on the insurance coverage issue; F&M also
asked the circuit court to reconsider its prior rulings on the issue of coverage. On January
25, 2021, the parties appeared for a hearing on Ms. Dye’s motion for summary judgment
on the coverage issue and for F&M’s request for reconsideration. By order entered on
November 10, 2022, the circuit court denied Ms. Dye’s motion for summary judgment after
concluding that her claims of waiver and estoppel failed as a matter of law. The circuit
6 It appears that Ms. Casey’s letter was sent in an effort to address the type of exposure discussed in Shamblin v. Nationwide, 183 W. Va. 585, 396 S.E.2d 766. 4 court granted F&M’s motion for reconsideration of its previously-denied motion for
summary judgment and ultimately granted summary judgment in favor of F&M after
concluding that a business exclusion in the F&M Policy applied to exclude coverage.
Ms. Dye appealed the circuit court’s order to the ICA, assigning error to the
circuit court’s rulings, which: (1) rejected her claims regarding estoppel and waiver; (2)
concluded that she was not covered under F&M’s Policy based on the business exclusion;
and (3) concluded that she was not covered under F&M’s Policy because there was no
occurrence under the policy. The ICA affirmed the circuit court’s summary judgment order
by memorandum decision issued on November 16, 2023. With respect to Ms. Dye’s claim
that F&M is estopped from asserting coverage defenses, the ICA concluded that Ms. Dye
failed to prove how she detrimentally relied upon the Snowden and Casey letters. With
respect to waiver, the ICA concluded that Ms. Snowden and Ms. Casey’s letters did not
take a position that was inconsistent with F&M’s initial reservation of rights. Although
the ICA disagreed with the circuit court’s finding as to which portion of the business
exclusion applied to exclude coverage, it affirmed the circuit court’s ruling that Ms. Dye
was not covered under the F&M policy pursuant to another portion of the business
exclusion.7
7 Because the ICA concluded that Ms. Dye’s claim is not covered under the F&M Policy, it declined to address Ms. Dye’s claim that the circuit court erred by concluding that the acts did not constitute an “occurrence” under the F&M Policy. 5 Ms. Dye now appeals the ICA’s memorandum decision to this Court.
II. STANDARD OF REVIEW
“On appeal of a decision from the Intermediate Court of Appeals of West
Virginia, the Supreme Court of Appeals of West Virginia applies a de novo standard of
appellate review to a circuit court’s entry of summary judgment.” Syl. Pt. 1, Moorhead v.
W. Va. Army Nat’l Guard, 251 W. Va. 600, 915 S.E.2d 378 (2025). Summary judgment is
appropriate when “there is no genuine issue as to any material fact and the movant is
entitled to judgment as a matter of law.” W. Va. R. Civ. P. 56(a). See also Syl. Pt. 4,
Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994) (“Summary judgment is
appropriate where the record taken as a whole could not lead a rational trier of fact to find
for the nonmoving party, such as where the nonmoving party has failed to make a sufficient
showing on an essential element of the case that it has the burden to prove.”). Based on
these standards, this Court will consider the parties’ arguments.
III. DISCUSSION
Before this Court, Ms. Dye asserts five assignments of error. In her first and
second assignments of error, she argues, as she did before the ICA, that F&M waived its
coverage defenses and is estopped from asserting any such defenses. With respect to
waiver, Ms. Dye argues that F&M waived its coverage defenses because it made a “direct
promise” to her that it would protect her from any financial exposure, satisfy the entire
amount of a verdict and continue to vigorously defend her in the underlying case, as set 6 forth in the letters sent by Ms. Snowden and Ms. Casey. These same letters also form the
basis of Ms. Dye’s estoppel argument as she asserts that, upon receiving the letters, she did
not conduct any further discovery on the coverage issue because she believed that F&M
“had abandoned its position on the ‘occurrence’ issue.”
There is no dispute regarding the content of the letters sent by Ms. Snowden
and Ms. Casey. Ms. Snowden’s letter to Ms. Dye’s counsel was dated May 22, 2020, and
reads, in relevant part, as follows:
Dear Eric:
As I indicated in our last conversation, F&M would like to resolve its outstanding issues with Ms. Dye at this time, and continue to defend the claims against her brought by Plaintiffs, Gregory S. Bradley and Judy Johnson Bradley. Thank you for forwarding to my attention the legal fees which you indicated are associated with the matter so far. At this time, F&M offers to settle any and all claims against F&M by your client, Andrea Dale Dye, in exchange for payment of $15,000. F&M will further issue to your client an excess protection letter whereby it would agree that in the event that it is unable to resolve the case and a verdict should be returned in excess of the policy limits, that F&M would satisfy the entire amount of the verdict. Such an agreement would completely protect Ms. Dye from any financial exposure. Further, F&M would continue to vigorously defend your client against Plaintiffs’ claims through the law firm of Bailey Wyant PLLC. This offer of settlement is made without admission of liability, is inclusive of a signed release of any and all claims, to include attorney fees.
Ms. Casey’s letter to Ms. Dye’s counsel was dated June 4, 2020, and reads,
in relevant part, as follows: 7 Dear Eric:
Please be advised that we are in receipt of the demand from Plaintiffs in this matter for the sum of $101,000. This is to inform you that if we receive a demand within the policy limits and are unable to resolve the matter within policy limits and proceed to trial, that should a verdict be returned in excess of the policy limits, F&M would satisfy the entire amount of the verdict.
F&M will continue to vigorously defend this case on Ms. Dye’s behalf against Plaintiffs’ claims through the law firm of Bailey Wyant PLLC.
As noted above, Ms. Dye relies upon these letters in support of her arguments
regarding waiver and estoppel.
‘Although the doctrines of waiver and estoppel are both grounded in equity, they differ significantly in application. To effect a waiver, there must be evidence which demonstrates that a party has intentionally relinquished a known right. Estoppel applies when a party is induced to act or to refrain from acting to her detriment because of her reasonable reliance on another party’s misrepresentation or concealment of a material fact.’ Syllabus point 2, Ara v. Erie Ins. Co., 182 W. Va. 266, 387 S.E.2d 320 (1989).
Syl. Pt. 1, Potesta v. U.S. Fidelity & Guar. Co., 202 W. Va. 308, 504 S.E.2d 135 (1998).
Despite Ms. Dye’s assertions to the contrary, we find no evidence
demonstrating that F&M “intentionally relinquished” its coverages defenses. F&M sent
Ms. Dye a reservation of rights letter within three months of the filing of the Bradleys’
complaint. This seven-page letter detailed the claims that had been made against Ms. Dye 8 and indicated that F&M “asserts a complete reservation of all rights concerning its duty to
defend and indemnify” Ms. Dye. Thereafter, F&M moved to intervene for the purpose of
seeking a declaratory judgment with respect to the coverage issues and thus, reasserting its
reservation of rights. Since filing its third-party complaint for declaratory judgment,
F&M—consistent with its reservation of rights—actively participated in this case by
participating in discovery and filing and responding to dispositive motions, which
culminated in the instant appeal.
Although the parties dispute the import of the Snowden and Casey letters,
we conclude that neither letter waived F&M’s coverage defenses as the letters did not
contain language withdrawing F&M’s prior coverage position. “[W]aiver cannot create
coverage where none is contracted for by the parties.” Potesta at 320, 504 S.E.2d at 147.
Because we conclude, infra, that no coverage exists due to the business exclusion, waiver
cannot be used in this case to create coverage.
We similarly find no merit to Ms. Dye’s claim that “West Virgina law
demands that F&M be estopped from asserting any further coverage defenses.” “Estoppel
applies when a party is induced to act or to refrain from acting to her detriment because of
her reasonable reliance on another party’s misrepresentation or concealment of a material
fact.” Id. at 309–310, 504 S.E.2d at 136–137, Syl. Pt. 1, in part. According to Ms. Dye,
she relied upon the letters authored by Ms. Snowden and Ms. Casey and “believed that
F&M had abandoned its position on the ‘occurrence’ issue.” For this reason, Ms. Dye 9 claims that she did not conduct any further discovery on the coverage issues. However,
these letters contain no misrepresentations nor do we glean any concealment of material
fact in the letters.
Ms. Dye also contends that the coverage under the F&M Policy should be
extended because of F&M’s “egregious actions” toward her. According to Ms. Dye, F&M
acted in bad faith by: (1) making misrepresentations to her and the circuit court; (2) taking
positions about her conduct, which are contrary to the facts of evidence in this case; (3)
making promises that it then attempted to revoke; (4) revoking an offer regarding the
payment of attorney fees; and (5) using the business exclusion to deny coverage after the
close of discovery. We disagree.
Ms. Dye acknowledges that “[g]enerally, the principles of waiver and
estoppel are inoperable to extend coverage beyond the terms of an insurance contract.” Id.
at 320, 504 S.E.2d at 147, Syl. Pt. 5. However, she asserts that F&M’s bad faith constitutes
an exception to this general principle. In Potesta, we held:
Exceptions to the general rule that the doctrine of estoppel may not be used to extend insurance coverage beyond the terms of an insurance contract, include, but are not necessarily limited to, instances where an insured has been prejudiced because: (1) an insurer’s, or its agent’s, misrepresentation made at the policy’s inception resulted in the insured being prohibited from procuring the coverage s/he desired; (2) an insurer has represented the insured without a reservation of rights; and (3) the insurer has acted in bad faith.
10 Id. at 320, 504 S.E.2d at 147, Syl. Pt. 7. We acknowledge and stand by this holding, but
we find that it provides no relief for Ms. Dye. F&M has “not declined to defend the insured,
and is continuing to defend the insured [Ms. Dye] with independent counsel, while
simultaneously defending its own declaratory judgment action.” State ex rel. Universal
Underwriters Ins. Co. v. Wilson, 239 W. Va. 338, 345, 801 S.E.2d 216, 223 (2017).
Further, as we have previously noted, “an insurer should have the right to defend itself in
a plaintiff’s declaratory judgment action without risking exposure merely because the strain
inherent in litigation discomfits its insured.” Id., at 346 n.18, 801 S.E.2d at 224 n.18. For
the foregoing reasons, the ICA properly concluded that the principles of waiver and
estoppel provide no relief to Ms. Dye.
In her final assignment of error, Ms. Dye argues that the circuit court and the
ICA erred in granting summary judgment in favor of F&M on the “business” exclusion
contained in the F&M Policy. The “business” exclusion at the center of this issue is
contained in the exclusions portion of the F&M Policy, and it indicates that personal
liability coverage does not apply to:
2. “Business”
a. “Bodily injury” or “property damage” arising out of or in connection with a “business” conducted from an “insured location” or engaged in by an “insured”, whether or not the “business” is owned or operated by an “insured” or employs an “insured”.
11 This Exclusion E.2. applies but is not limited to an act or omission, regardless of its nature or circumstance, involving a service or duty rendered, promised, owed, or implied to be provided because of the nature of the “business”.
The circuit court concluded that “[e]ven though [Ms.] Dye did not personally
own the logging business, the business pursuits exclusion clearly applies because [Ms.]
Dye was ‘engaged in’ making a profit from the business through her contract with” Jones
Hauling. Although the ICA disagreed with the circuit court’s conclusion that Ms. Dye was
“engaged in” a business, it agreed that the business exclusion nonetheless applied because
the Bradleys’ property damages claims “arose out of or in connection with a ‘business’
conducted from an ‘insured location[.]’” Dye v. Farmers & Mechanics Mut. Ins. Co. of W.
Va., No. 22-ICA-301, 2023 WL 7922892, at *9 (W. Va. Ct. App. Nov. 16, 2023)
(memorandum decision).
On appeal to this Court, Ms. Dye argues that the “business” exclusion does
not apply for the following reasons: (1) the “business” exclusion at issue was intended to
be applied to the conduct of the insured, not a third party; (2) it is beyond the reasonable
expectations of Ms. Dye to preclude coverage based on the conduct of a business by a third
party on her property; (3) there is a genuine issue of material fact as to whether Jones
12 Hauling conducted business from an insured location; and (4) Ms. Dye was not engaged
in a business.8
Initially, Ms. Dye asserts that the “business” referenced in the “business”
exclusion only applies to a business engaged in by either herself or another insured under
the F&M Policy, not a business operated by a third party such as Jones Hauling. We find
no merit to this argument. “Language in an insurance policy should be given its plain,
ordinary meaning.” Syl. Pt. 1, Soliva v. Shand, Morahan & Co., Inc., 176 W. Va. 430, 345
S.E.2d 33 (1986), overruled on other grounds by National Mut. Ins. Co. v. McMahon &
Sons, Inc., 177 W. Va. 734, 356 S.E.2d 488 (1987). Therefore, in this case, we must look
at the specific language of the F&M Policy, which defines “business” as follows:
“Business” means:
a. A trade, profession or occupation engaged in on a full-time, part-time or occasional basis; or b. Any other activity engaged in for money or other compensation, except the following: (1) One or more activities not described in (2) through (4) below, for which no “insured” receives more than $2,000 in total compensation for the 12 months before the beginning of the policy period[.]
8 The “business” exclusion at issue in this case is not novel. However, as Ms. Dye notes, this Court has not previously addressed whether the “business” referenced in the “business” exclusion contemplates a business of a third party that is conducted from an insured location. This fact, standing alone, however, does not entitle Ms. Dye to relief. Moreover, even if this issue had been addressed under a different policy, the specific definition in the F&M Policy would still control. 13 This definition does not restrict or limit a “business” to one that is engaged in by an insured.
The “business” was timbering. Pursuant to the Timber Sale Contract, Jones Hauling
purchased and removed timber, and there is no dispute that Jones Hauling was engaged in
a business. Further, as noted infra, Ms. Dye concedes that a “business [was] conducting
business on” her property.
The “business” exclusion in the F&M Policy indicates that personal liability
coverage does not apply to property damage “arising out of or in connection with a
‘business’ conducted from an ‘insured location’ or engaged in by an ‘insured’, whether or
not the ‘business’ is owned or operated by an ‘insured’ or employs an ‘insured’”.
(Emphasis added). This language is clear.9 The business referenced in the F&M Policy’s
“business” exclusion applies to businesses that may not be “owned or operated” by an
insured. It logically flows from this language that a business that is not owned or operated
by an insured would be owned or operated by a third party. For these reasons, we find this
provision of the “business” exclusion to be clear and unambiguous. “Where the provisions
of an insurance policy contract are clear and unambiguous they are not subject to judicial
9 This language is also distinguishable from the “business pursuits” exclusions discussed in other cases where an insurance policy excludes “from personal liability coverage injuries ‘arising out of business pursuits of any insured’”, thereby “contemplate[ing] a continuous or regular activity engaged in by the insured.” Camden Fire Ins. Ass'n v. Johnson, 170 W. Va. 313, 316, 294 S.E.2d 116, 119 (1982) (emphasis added). Unlike this language, nothing in the F&M Policy ties “business” to the insured. 14 construction or interpretation, but full effect will be given to the plain meaning intended.”
Syl., Keffer v. Prudential Ins. Co. of America, 153 W. Va. 813, 172 S.E.2d 714 (1970).10
Having concluded that the “business” exclusion applies to Jones Hauling, we
now address whether the business was conducted from an insured location. At the outset
of our analysis, we note that this portion of the exclusion has not always been properly
referenced as the terms “from” and “on” have been used interchangeably in this appeal.11
To be clear and for the purpose of our review, the exclusion states that personal liability
coverage does not apply to “‘property damage’ arising out of or in connection with a
‘business’ conducted from an ‘insured location[.]’” Ms. Dye concedes that a “business
[was] conducting business on” her property, but she seeks to have this Court reverse the
ICA’s decision by arguing that there is a genuine issue of material fact as whether Jones
10 Several of Ms. Dye’s arguments in support of this assignment of error would require us to conclude that the F&M Policy was ambiguous in order to afford her any relief. For example, Ms. Dye claims that the F&M’s Policy contains an inherent ambiguity due to its failure to define the phrases “arising out of,” “in connection with,” and “conducted from.” In addition, we can only consider Ms. Dye’s claim about her reasonable expectation as to what coverage the F&M policy would provide if we find that F&M Policy language ambiguous. See Edwards v. Bestway Trucking, 212 W. Va. 196, 199, 569 S.E.2d 443, 446 (2002) (The doctrine of reasonable expectations applies “[w]here the language in an insurance policy is ambiguous[,]”). Our review of the alleged ambiguities reveal that these arguments are also without merit. 11 In its memorandum decision, the ICA found that, “[a]lbeit Ms. Dye did not own the logging company and was not herself engaged in that or any related business, the business exclusion under F&M’s policy applies because Jones [Hauling] was a business conducting business on her property.” (Emphasis added).
15 Hauling conducted its business from12 an insured location. (Emphasis added). Merriam-
Webster defines “from” as a “function word to indicate the starting or focal point of an
activity.” From, Merriam-Webster, https://www.merriam-webster.com/dictionary/from
(last accessed June 9, 2026). Certainly, Ms. Dye’s property was the “starting point” of the
activity that resulted in the Bradleys’ claims. But for Ms. Dye’s decisions to grant an
easement to Jones Hauling and to enter into the Timber Sale Contract, Jones Hauling would
not have had access to the Bradleys’ property. For these reasons, we conclude that the
“business” exclusion in the F&M Policy applies and Ms. Dye’s claim under the F&M
Policy is not covered.13
IV. CONCLUSION
For the foregoing reasons, we affirm the November 16, 2023, memorandum
decision of the ICA.
Affirmed.
12 In her brief before this Court, Ms. Dye asserts that “there is a genuine issue of material fact as to whether Jones Hauling ever conducted business on an “insured location[.]” (Emphasis added). She also asserts that the timbering “occurred on the Bradleys’ property, and that it cannot be argued that the business conduct complained of in this case was “conducted from an insured location.” (Emphasis added). 13 Having concluded that a portion of the “business” exclusion applies, we decline to address whether Ms. Dye was “engaged in” a business with Jones Hauling. For the same reason, we also decline to address the “occurrence” issue. 16