A federal appeals court says a former Wyoming County Council on Aging director can recover damages for aggravation and inconvenience from an insurance company.
This week’s unpublished opinion by a three-judge panel of the 4th Circuit Court of Appeals in Virginia came in an appeal by Bob Graham. A federal judge in West Virginia had ruled that Graham couldn’t recover these damages from National Union Fire Insurance.
The appeals court upheld the judge’s denial of prejudgment interest on Graham’s attorney fees.
Graham sued the insurer in 2010 after it refused to represent him in a 2004 lawsuit filed by the state.
That lawsuit alleged Graham, the aging council and All Care Home and Community Services breached public trust in their use of public funds. It was dismissed in 2009.