State of West Virginia ex rel. Safe-Guard Products International, LLC v. Thompson

235 W. Va. 197, 772 S.E.2d 603 (2015)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

State of West Virginia ex rel. Safe-Guard Products International, LLC v. Thompson

West Virginia Supreme Court of Appeals
235 W. Va. 197, 772 S.E.2d 603 (2015)

  • Written by Nicole Gray , JD

Facts

In 2006, Mr. and Mrs. Hinkle purchased a new vehicle from a dealership in West Virginia. The Hinkles financed more than $19,000 of the vehicle’s purchase price through Santander Consumer, USA. When they purchased the vehicle, the Hinkles also purchased guaranteed-asset-protection (GAP) insurance from the car dealer to cover any payments they might owe if the vehicle were ever declared a total loss following an accident and the value assigned was less than the amount owed. The GAP insurance was serviced by Safe-Guard Products International, LLC (defendant), who would pay the balance owed on a covered vehicle directly to the note holder following the vehicle’s total loss and based on a claim filed by the insurance holder. In 2011, Mrs. Hinkle had a car accident, and her covered vehicle was declared a total loss. The Hinkle’s insurance company paid the actual cash value of the vehicle to Santander, leaving the Hinkles owing a balance of more than $7,000 on the note. Mrs. Hinkle submitted a claim for the balance owed to Safe-Guard. However, Safe-Guard declined coverage due to the Hinkle’s history of late and deferred payments on the vehicle. Mrs. Hinkle filed suit against Safe-Guard in a state circuit court, alleging breach of contract and bad faith. Subsequently, Mrs. Hinkle filed a motion for partial summary judgment on the issue of whether the GAP insurance constituted insurance under West Virgnia law. The circuit court found that the GAP insurance was insurance, and Safe-Guard sought a writ prohibiting the enforcement of the summary-judgment order.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership