Plaintiff made a claim under his automobile insurance policy for collision repairs. However, the plaintiff’s auto insurance provider, Spilman’s client, advised plaintiff that his policy did not include collision coverage for the vehicle in question and denied the claim. Plaintiff’s lawsuit alleged breach of contract, West Virginia Unfair Trade Practices Act violations, and violations of West Virginia regulations, common law bad faith, negligence in selling the insurance policy, breach of the covenant of good faith and fair dealing, and intentional misrepresentation in regard to his claims under the auto policy. Spilman aggressively defended the claim and ultimately secured an award of sanctions against the plaintiff. Instead of accepting the sanctions, the plaintiff agreed to voluntarily dismiss our client, with prejudice, in exchange for waiving its right to cost and fees.

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