HADORN v. SHEA

No. 22217.

456 S.E.2d 194 (1995)

193 W.Va. 350

Elena HADORN, Plaintiff below, Appellant, v. William SHEA, Leader National Insurance Company, State Farm Insurance Company, Defendants below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided February 16, 1995.


Attorney(s) appearing for the Case

George E. McLaughlin, Bachmann, Hess, Bachmann & Garden, Wheeling, for appellant.

Landers P. Bonenberger, Gerald G. Jacovetty, Jr., McDermott, Bonenberger, McDermott & Gallaway, Wheeling, for appellees.


NEELY, Chief Justice:

This case involves a suit by a policyholder against her underinsured motorist carrier seeking recovery of costs and expenses, including attorneys' fees, on the basis that she substantially prevailed at trial against her insurer. The appellant demanded $300,000 for personal injury, and was awarded $90,000 by a jury, having rejected State Farm's pre-trial final settlement offer of $22,500. After examining the record, we conclude that the Circuit...

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