Robert R. Nelson v. the West Virginia Public Employees Insurance Board

Summary

The court granted mandamus because the insurance board had failed to implement a statute requiring continued group-insurance participation for spouses and dependents of deceased members. It ordered reinstatement of wrongfully terminated coverage, continuation of coverage at the applicable average group premium rate, cessation of unlawful terminations, and payment of costs and reasonable attorney fees. Justice Neely, concurring, agreed that attorney fees were warranted but rejected the majority's suggestion that the board had acted willfully improperly and advocated broader, principled fee-shifting in appropriate cases.