The appellee, West Virginia Insurance Corporation, issued a commercial insurance policy to the respondent, Martha A Mulledy, insuring her home located on Jersey Mountain Road in Romney, WV. The respondent had obtained her insurance at the same time she acquired a West Virginia Commercial Driver’s License and her motor vehicle was a 1999 Ford Taurus. The respondent’s home, located on a gated neighborhood, was owned by her husband. She was aware of the fact that the property was protected by a fencing system and that it was situated in an area that received heavy amounts of snow during the winter season.
On December 3rd, 2009, Mulledy was driving down Jersey Mountain when her car suddenly began to turn left and swerved into a tree. Mulledy was injured in the crash and her passenger, her teenage son, suffered a leg injury. Her father, who was driving a 1997 Mercury Grand Marquis, was not injured in the accident. Her truck driver, who witnessed the accident and reported it to West Virginia State Police, provided a written report detailing the accident and providing medical details regarding Mulledy’s injuries.
At the time of the accident, the appellee, West Virginia Insurance Corporation, was informed that Mulledy had been injured in a motor vehicle accident and had sustained serious injuries that resulted in a her being hospitalized for a period of time. Mulledy had been the sole driver of her vehicle and her father was the only occupant of the car. At the time of the accident, the respondent and her boyfriend were in a separate vehicle. The boyfriend was driving the car that received the brunt of the accident. According to the witness who provided the police report, Mulledy was the only one driving the car at the time of the accident.
Based upon the information available, it is clear that the respondents, including the respondent’s father, were not aware that the property in question was located on a gated community that received heavy amounts of snow during the winter season. The reason why the appellee, West Virginia Insurance Corporation, would issue a commercial insurance policy for a home in a gated community that receives heavy amounts of snow is because the property was considered a high-risk property. In the insurance company’s opinion, it considered the property to be high-risk because of the location of the home and the property that it covered. The home was also located at a place where the road was very difficult to travel because the property was located on a large hill. from the road and a snowmobile could not navigate the terrain.
The facts surrounding the accident are also not in dispute, as the appellee, West Virginia Insurance Corporation, knew that the property located at the accident site received heavy amounts of snow throughout the winter season. The accident occurred after the property was covered by a snow fence that was constructed prior to the property being built. The fence was installed to protect the home from the elements. As previously discussed, the fence is surrounded by a gated neighborhood and a substantial portion of the property is located on a hill above the road.
The accident occurred when the car that caused the accident, a Mercedes Benz, swerved into a tree while attempting to turn left from a one-way street and hit the car driven by Mulledy. The car that struck the tree was a newer model vehicle that was equipped with a sophisticated anti-lock braking system. While it is possible that the car that caused the accident was traveling in the same direction as Mulledy’s car at the time of the accident, it is also possible that the car was traveling in another direction. However, the evidence does not support the conclusion that the car swerved into the car driven by Mulledy.
It was undisputed that the car that hit the tree had ice on its tires and snow on its roof and the snow on its roof was a result of having driven through the snowstorm that occurred in the area of the accident. There was also evidence that the snow on the roof and snow on the car had piled up over the years since the car accident and was a hazard to the driver and anyone else who might drive through the area. It is undisputed that there was enough snow on the car to have a dangerous effect on someone driving through it. and it is also undisputed that the automobile that the car was covered by a snow fence that was placed on the property prior to the accident.