Reasonableness of Conduct
In Bryan v. Westfield Insurance Co., 534 S.E. 2d 20 (W. Va. 2000), West Virginia restated its requirement that for success in a tort of bad faith case the insured must substantially prevail on the contract claim. In Bryan, the insured argued that his underinsured motorist carrier failed to settle the claim in good faith promptly and that he should receive attorneys’ fees and other damages as a result.
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