United States Fourth Circuit

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Kenney v. Independent Order of Foresters, 13-1788

Dismissal of plaintiff's complaint brought pursuant to the West Virginia Unfair Trade Practices Act (WVUTPA) regarding the alleged mishandling of a death benefit claim, is reversed and remanded, where: 1) actions brought pursuant to the WVUTPA sound in tort and not in contract; 2) West Virginia law governs the underlying lawsuit; and 3) the complaint states a claim upon which relief can be granted.

Appellate Information

  • Decided 03/10/2014
  • Published 03/10/2014

Judges

  • FLOYD

Court

  • United States Fourth Circuit

Counsel

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