West Virginia High Court: Insurer Fails To Show It Is Owed Extraordinary Relief

(November 17, 2020, 5:28 PM EST) -- CHARLESTON, W.Va. — The West Virginia Supreme Court of Appeals on Nov. 10 denied an insurer’s request to invoke the high court’s extraordinary jurisdiction to prohibit a lower court from enforcing an order that consolidated the insurer’s declaratory judgment action with underlying tort lawsuits alleging misconduct against its doctor insured, finding no error in the lower court’s conclusion that the declaratory judgment and underlying actions “share common questions of fact and law” at least as to the issue of indemnity (West Virginia Ex Rel. West Virginia Mutual Insurance Company v. The Honorable Jennifer Bailey, et al., No. 20-0257, W.Va. App., 2020 W.Va. LEXIS 785)....