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647 S.E.2d 765

No. 33091        Daniel S. Strahin v. Earl Sullivan and Farmers & Mechanics Mutual Insurance Company


Benjamin, Justice, concurring:

            In order to establish a claim pursuant to Shamblin v. Nationwide Mutual Insurance Company, 183 W. Va. 585, 396 S.E.2d 766 (1990), an insured must be exposed to personal liability for a jury verdict in excess of his or her liability insurance policy limits due to the insurer's unreasonable failure to settle within policy limits prior to the rendering of a jury's verdict. By extinguishing an insured's potential personal liability for an excess verdict prior to the rendering of such a verdict, the parties also extinguish any Shamblin claim which may have potentially existed. It is just that simple.