West Virginia Law Supersedes Policy’s Limitation Clause, Federal Judge Determines
Mealey's (August 12, 2015, 12:27 PM EDT) -- HUNTINGTON, W.Va. — A limitation provision in a disability insurance policy is not enforceable under West Virginia law because the claimant was not afforded a full two years from the accrual of her legal action to file suit against the insurer, a West Virginia federal judge said Aug. 10 (Mary R. Caldwell v. Standard Insurance Co., et al., No. 14-25242, S.D. W.Va.; 2015 U.S. Dist. LEXIS 104253).
(Opinion available. Document #17-150914-003Z.)
Mary R. Caldwell was employed by the Charleston Area Medical Center Inc. (CAMC). CAMC maintains...