Homeowners Insurance Policy Provision ‘Unlawfully More Restrictive,’ Judge Rules

Mealey's (September 2, 2016, 8:43 AM EDT) -- CHARLESTON, W.Va. — Ruling on a topic not yet decided by the West Virginia Supreme Court of Appeals, a federal judge in West Virginia on Aug. 30 determined that insureds are entitled to summary judgment on their breach of contract claim in a bad faith lawsuit because an insurer breached its contract with insureds by inserting an “unlawfully more restrictive” residence premises provision into a homeowners insurance policy (William Shank v. Safeco Insurance Company of America, No. 15-9033, S.D. W.Va.; 2016 U.S. Dist. LEXIS 116367)....
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