Cases

Orpha L. Keith Estate, by Sharon Buckland, Exex. v. David W. Keith

Case Number:
33131
Case Date:
13-02-2007
Case Issue:

Defendant presents his petition for appeal concerning the circuit court's certified questions as follows: -  To be submitted on briefs only without oral argument.

CERTIFIED QUESTIONS: 

1) In the event that certain improvements to real estate in the possession of the life tenant, insured against fire on a policy obtained by the life tenant under which only the life tenant is a beneficiary, are destroyed by fire, does the remainderman have an interest in the insurance proceeds through he is neither a named insured or paid any premiums? ANSWER: No.

2) In the event that the remainderman is determined to have an interest in the insurance proceeds, is West Virginia Code Section 43-2-1, et seq., appropriate to determine the share of the proceeds to be paid to the remainderman? ANSWER: No.

3) If West Virginia Code Section 43-2-1, et seq. is deemed to be an appropriate method to calculate the remainderman's share in the insurance from the loss of the structure, is this also applicable to the loss of personal property on the premises? ANSWER: No.

4) In the event that West Virginia Code Section 43-2-1, et seq., is determined to be the appropriate method to calculate the remainderman's share of the insurance proceeds, is the remainderman precluded from pursuing a negligence claim against the life tenant for the loss of the improvements? ANSWER: No.