Ellis v. New Hampshire Ins.

279 S.E.2d 417, 167 W. Va. 208, 1981 W. Va. LEXIS 631
West Virginia Supreme Court·Decided June 23, 1981·No. No. 15008·Published·Cited by 1 cases

Opinion

Per Curiam:

This is an appeal by Glyn Dial Ellis from a summary judgment granted against him in the Circuit Court of Logan County. The appellant contends among other things that at the time of the entry of summary judgment, genuine issues of material fact remained in the case and that, therefore, the entry of summary judgment was improper. We agree.

On March 8, 1977, the New Hampshire Insurance Company issued an insurance policy to the appellant for coverage of a building located at 208-211 Riverview Avenue, Logan, West Virginia. When the policy was issued, the building housed a new automobile sales and repair shop on the first floor and apartment dwellings on the second floor. The policy was known as a “named perils” insurance [210]*210policy covering only the specific perils named therein. Those perils included windstorms, but did not include land or earth slides, and specifically excluded flood waters. The limit of the insurance policy was $10,000, and coverage was for a period of one year.

On August 13th and 14th, 1977, the subject building suffered damages to its roof and one wall when the City of Logan was hit with heavy rains. A tree from the hill to the rear of the building fell through the roof, and the rear wall of the building subsequently caved in.

The appellant filed a claim with the insurance company, contending that the damage to the building was caused by high winds and rain. The claim was investigated by a Mr. Justin D. Trout, an employee of General Adjustment Bureau Business Services, Inc., an independent adjusting corporation. On the basis of Mr. Trout’s conclusion that the damages to the building were the result of an earth slide, not a named peril under the insurance policy, the company denied coverage.

On November 18, 1977, the appellant filed suit in the Circuit Court of Logan County against New Hampshire Insurance Company.

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Ellis v. New Hampshire Ins., 279 S.E.2d 417, 167 W. Va. 208, 1981 W. Va. LEXIS 631 (W. Va. 1981).

279 S.E.2d 417 (Ellis v. New Hampshire Ins.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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