No Coverage for Innocent Insureds: West Virginia Supreme Court Decision Proves the Smallest Words Continue to Have Huge Impacts on Coverage

The distinction between the terms “the insured” and “any insured” in an insurance policy is a critical one and continues to spark coverage litigation. This distinction was key to the Supreme Court of Appeals of West Virginia’s recent decision denying coverage to parents sued in a wrongful death action arising from murder committed by their minor children. Answering certified questions from the federal court, the court held that the parents’ homeowners policies did not provide coverage because exclusions barring coverage for claims arising …

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