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Professional Statement:

Erica Baumgras concentrates her practice on matters related to insurance law such as offering coverage opinions, filing declaratory judgment actions, litigating bad faith claims, providing general counsel to insurance companies and agencies, and defending of agents in errors and omissions claims, as well as representing insured defendants in personal injury and property damage cases. She also devotes her practice to complex and mass tort litigation, including the defense of class actions and product and consumer claims, and the representation of companies in responding to subpoenas and other investigative and enforcement actions by state and federal administrative agencies.

Ms. Baumgras regularly represents clients before state and federal courts and administrative boards in all phases of litigation, including arbitrations, mediations, hearing and trials. She has also briefed and argued a number of cases before the West Virginia Supreme Court of Appeals concerning both insurance and mass tort issues.

Practice Concentrations:

• Insurance
• Coverage Opinions
• Bad Faith Litigation
• General Counsel To Agencies and Claims Against Agents
• Risk and Exposure Analysis for Individuals and Businesses
• Insurance Defense Litigation
• Complex and Mass Tort Litigation
• Defense of Class Actions and Product and Consumer Claims
• Defense of Attorney General Subpoenas and Other Administrative Enforcement Actions

Education:

• J.D., West Virginia University College of Law (1995)
• Order of the Coif
• Order of the Barristers
• B.A., summa cum laude, Political Science, West Virginia University (1992)
• University Honors Scholar
• Phi Beta Kappa

Court Admissions:

• United States District Courts for the Northern and Southern Districts of West Virginia
• West Virginia Supreme Court of Appeals

Professional Involvement

• Judge John A. Field, Jr., American Inn of Court
• National Society of Professional Insurance Investigators
• Kanawha County Bar Association

Representative Legal Work & Trial Experience:

• Represented an international insurance underwriter in the defense of a first-party fire loss claim alleging common law and statutory bad faith in the investigation and denial of the claim
• Represented a state insurance company in a lawsuit alleging violations of the West Virginia Unfair Trade Practices Act and corresponding regulations in the negotiation and litigation of a third-party personal injury claim
• Represented a national insurance company in a class action settlement for the benefit of potential future asbestos claimants seeking the policy proceeds of a now dissolved West Virginia corporation
• Represented a national insurance company on a claim filed by a local manufacturer alleging wrongful denial of coverage for the defense of a medical monitoring lawsuit brought by current and former employees
• Represented a regional medical professional liability insurance company which filed a declaratory judgment action seeking a legal determination of coverage under an insurance policy for failure of the insured to provide notice of the underlying claim
• Represented a national insurance company in the defense of a declaratory judgment and bad faith lawsuit asserting wrongful denial of coverage for indemnification of a sexual harassment claim brought against the insured by a former employee and obtained summary judgment for the insurer which was upheld on appeal
• Representation of a West Virginia insurance agency on various issues of state and federal statutory, regulatory and common law
• Represented an insurance agent in class action alleging fraud in the sale of life insurance policies and obtained a dismissal of the agent
• Represented physicians and pharmacists in several product liability lawsuits against drug manufacturers, distributors, suppliers and prescribing physicians
• Represented a washing machine manufacturer in a West Virginia class action and obtained a dismissal of the defendant
• Representation of a debit card service provider in an action by the West Virginia Attorney General alleging impermissible tying in violation of the West Virginia Antitrust Act and the West Virginia Consumer Credit and Protection Act
• Representation of a mutual fund in an action by the West Virginia Auditor alleging improper market timing activities
• Represented a medical case management service provider in a wrongful death lawsuit alleging failure to obtain a timely approval or denial of a transplant procedure
• Represented an attorney in a legal malpractice claim brought by the insurance company who retained the attorney to represent the insured truck driver
• Represented a bowling alley in slip-and-fall case and obtained a defense verdict at trial
• Negotiated settlements for insured defendants as well as uninsured and underinsured motorist carriers on numerous automobile accident claims alleging personal injury and property damage
• Defense of a claim by a municipality against a road contractor for the West Virginia Department of Transportation, Division of Highways alleging improper erosion and sediment control impacting the adjacent creek and town water supply.

Teaching & Lecturing:

• Panelist, 2006 Advanced Insurance Fraud Seminar, Cincinnati, Ohio, November 14, 2006
• Speaker, NBI Insurance Coverage Litigation Seminar, Charleston, West Virginia, June 26, 2007

Community Involvement:

• Board Member, Friends of Clay Center
• Volunteer, Big Brothers Big Sisters of the Greater Kanawha Putnam Area
• Winner, Main Street Perfect Pie Contest, 2004; Runner-Up, 2006

Reported Cases:

• Phillips v. Larry's Drive-In Pharmacy, Inc., 220 W.Va. 484, 647 S.E.2d 920(2007)
• Hawkins v. Ford Motor Co., 211 W. Va. 487, 566 S.E.2d 624 (2002)
• Dalton v. Doe, 208 W. Va. 319, 540 S.E.2d 536 (2001)
• Smith v. Animal Urgent Care, Inc., 208 W. Va. 664, 542 S.E.2d 827 (2000)
• Bower v. Westinghouse Elec. Corp., 206 W. Va. 133, 522 S.E.2d 424 (1999)
• Wahi v. Charleston Area Medical Center, 453 F.Supp.2d 942 (S.D.W.Va. 2006)
• Barge v. Western Southern Life Ins. Co., 307 B.R. 541 (S.D.W.Va. 2004)
• Grennell v. Western Southern Life Ins. Co., 298 F.Supp.2d 390 (S.D.W.Va. 2004)
• American States Ins. Co. v. Fishes Hot Dog Huntington, Inc., No. Civ. A. 3:98-0165, 1999 WL 33510174 (S.D.W.Va. 1999)
• State and County Mut. Fire Ins. Co. v. Young, 490 F.Supp.2d 741 (2007)
• Bertovich v. Advanced Brands & Importing, Co., No. 5:05CV74, 2006 WL 2382273 (N.D.W.V. 2006)
• Manning v. Pfizer, Inc., No.Civ.A.5:02CV71, 2005 WL 2372853 (N.D.W.Va. 2005)
• Wise v. Travelers Indemn. Co., 192 F.Supp.2d 506 (N.D.W.Va. 2002)
• Parsons Footwear, Inc. v. Omaha Property and Cas. Co., 19 F.Supp.2d 588 (N.D.W.Va. 1998)