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ROBINSON v. CONTINENTAL CAS. CO.

No. 19995.

406 S.E.2d 470 (1991)

Mark A. ROBINSON, Individually, and Julie A. Robinson, Individually and as Parent and Legal Guardian of Mark W. Robinson, II, an Infant, Plaintiffs, Appellees, v. CONTINENTAL CASUALTY COMPANY, an Illinois Insurance Company doing business in the State of West Virginia, and Kevin Cushing, Defendants, Appellants.

Supreme Court of Appeals of West Virginia.

Decided June 27, 1991.

Attorney(s) appearing for the Case

William S. Druckman, Lewis, Ciccarello & Friedberg, Charleston, for plaintiffs, appellees.

Michael P. Tone, Peterson & Ross, Chicago, Ill., and David L. Shuman, Mark W. Browning, Shuman, Annand & Poe, Charleston, for defendants, appellants.

NEELY, Justice:

In this case we are asked to answer the following certified question:

Is an action for bad faith failure to settle a claim and the commencement of formal discovery therein premature when the appellate process has not yet been completed in the underlying action?

We answer the question in the affirmative.

The plaintiffs' complaint for unfair settlement practices arises from an underlying medical malpractice suit brought on 17...

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