Cases

The circuit court certifies a two-part question concerning the applicability of the continuing tort theory to the statute of limitations for conversion of negotiable instruments, W.Va. Code § 46-3-118(g).

CERTIFIED QUESTION PRESENTED

In a case governed by the three year limitations period provided for in West Virginia Code 46-3-118(g):

(a) Does the continuing tort theory apply to the alleged conversion of multiple, separate negotiable instruments made payable to the plaintiff's business by an employee of plaintiff to her personal checking account at defendant bank over a period of several years, such that the cause of action accrues at, and the statute of limitations does not begin to run until, the date of the alleged conversion of the last negotiable instrument, permitting damage claims for instruments allegedly converted more than three years prior to the filing of the complaint, or

(b) Does the cause of action accrue and the limitations period run from the date of the negotiation of each separate instrument permitting damage claims only for such instruments allegedly converted within such three year period prior to the filing of the complaint?

Circuit court's answer: (a) No; (b) Yes.