West Virginia Supreme Court

Billie Burgess, Plaintiff Below, Appellee v. Mark Porterfield, Defendant Below, Appellee; State Farm Mutual…

March 11, 1996196 W. Va. 178

Summary

The court affirmed orders requiring that pretrial settlement and insurance payments be credited against compensatory damages but not against punitive damages, and awarding attorney's fees and costs for the insured's uninsured-motorist litigation. It held that punitive damages serve individual punishment and deterrence rather than compensation, and that the insured substantially prevailed because the insurer had offered less than the policy limits while the jury awarded compensatory damages exceeding those limits.