SMITHSON v. U.S. FIDELITY & GUAR. CO.

No. 20073.

411 S.E.2d 850 (1991)

Carl W. SMITHSON, Sr., dba Smithson Bros. Well Service Co., Plaintiff Below, Appellee, v. UNITED STATES FIDELITY & GUARANTY COMPANY, and Basil Thumm, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 22, 1991.


Attorney(s) appearing for the Case

Thomas C. Cady, Morgantown, for appellee.

John E. Busch, Busch & Talbott, L.C., Elkins, for appellants.


MILLER, Chief Justice:

United States Fidelity & Guaranty Company (USF & G) appeals an adverse jury verdict in which its insured, Carl W. Smithson, Sr., doing business as Smithson Brothers Well Service Company, recovered $95,833 in a first-party bad faith settlement practices suit. USF & G argues that the trial court erred in failing to disqualify plaintiff's attorney and in not finding that the appraisal procedure...

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