United States Fourth Circuit
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