What is a motion for summary judgment in an insurance litigation case?

A motion for summary judgment in an insurance litigation case in West Virginia is a legal request for a judge to decide a case based on written documents without having to hold a trial or hear witness testimony. This motion is typically used by the insurance company to dismiss the case brought against them by the plaintiff. In order for the judge to grant the summary judgement motion, they must find that there are no issues of material fact in dispute, meaning that based on the evidence, there is no dispute as to the outcome. When deciding on the motion for summary judgement, the judge must make the determination of whether the insurance company has breached its contractual obligation with the policyholder. The judge must also determine if the policyholder can establish any of the following: that the policyholder has sustained a loss that is covered by the insurance policy, that the insurance company has unreasonably delayed in investigating or processing the claim, or that the insurance company has acted in bad faith in denying or delaying the claim. If the motion is granted, the judge will find in favor of the insurance company, and the plaintiff’s case is dismissed. If the motion is denied, the case will proceed to a trial where evidence will be presented and the case will be decided by a jury. Typically, the parties will attempt to negotiate a settlement before the case proceeds to a full trial.

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