In 2005, the West Virginia Legislature barred any third-party claimant from suing for bad faith insurance practices. W.Va. Code 33-11-4a. The issue here is whether conduct occurring after 2005 is discoverable and admissible in a third-party bad faith claim that was filed before the 2005 legislation became effective.

The question presented is whether the trial court committed clear legal error in refusing to dismiss the plaintiff’s complaint under 56-1-1a (i.e. forum non conveniens) and refusing to grant a stay under W.Va. Code 56-6-10 (i.e., the law governing stays where other, related issues are being litigated in other legal proceedings).