Mohammed Ashraf, M.D. v. State Auto Property and Casualty Insurance Company, et al.

CERTIFIED QUESTIONS FROM THE CIRCUIT COURT OF MARION COUNTY:
1. Where there is a covered total loss by fire under a fire insurance policy, may an insurer reduce the policy’s limit of coverage for the insured premises by fifteen percent (15%) pursuant to a “vacancy” provision in the policy?
Circuit Court Answer: Yes.
2. Does a fire insurance policy that includes a “pollutant clean up and removal” provision that provides that the insurer will pay the insured’s expense to extract pollutants from land or water, provide coverage in excess of the “debris removal” coverage afforded by the policy for the removal of asbestos contained in a fire-damaged or destroyed structure?
Circuit Court Answer: No.

Employee Resource Group, LLC and Charles Rice v. Connie Harless

Petitioners appeal the circuit court’s order denying their motion to enforce arbitration agreement. Petitioners allege that the circuit court erred in finding that the agreement between the parties was substantively and procedurally unconscionable.

Henry Metz v. Eastern Associated Coal, LLC

Questions Certified by the Circuit Court:
(1) For discriminatory hiring causes of action filed pursuant to the West Virginia Human Rights Act, codified at W.Va. Code § 5-11-1, et seq., does the statute of limitations begin to run from the date that the plaintiff learned of the adverse employment decision?
The circuit court answers the question in the affirmative.
(2) For discriminatory hiring causes of action filed pursuant to the West Virginia Human Rights Act, codified at W.Va. Code § 5-11-1, et seq., does the discovery rule toll the statute of limitations until the plaintiff discovers the alleged discriminatory motive underlying the employment decision?
The circuit court answers the question in the affirmative.