State Ex Rel Nationwide Property & Casualty Insurance, et al. v. Hon. Tod J. Kaufman, Judge; and Caleb Banks

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Petitioners seek a writ of prohibition prohibiting the enforcement of the Circuit Court of Kanawha County’s orders granting Respondent Banks’s motions for the issuance of an adverse inference jury instruction and partial summary judgment in favor of Respondent Banks. In the underlying action, Respondent Banks filed a lawsuit against Petitioners alleging that they failed to promptly investigate and pay his insurance claim following a fire at his residence. Continued