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Tiffany R. Durst

Member

304-225-2200 phone

304-225-2214 fax

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Tiffany R. Durst was born in Waynesburg, Pennsylvania in February, 1971. She attended Clay-Battelle High School in Blacksville, West Virginia and then West Virginia University in Morgantown, West Virginia. Tiffany was on the Dean’s List and/or the President’s List for academic honors the entirety of her undergraduate education. Her academic honors also included an Undergraduate Statistics Teach Fellowship in the spring of 1993. In addition, Tiffany received a Certificate of Achievement from the Eberly College of Arts and Sciences on three separate occasions, as well as being named the 1993 Outstanding Senior in the Department of Sociology and Anthropology. In 1993, Tiffany completed her undergraduate education, graduating Magna Cum Laude with a Bachelor of Arts in Sociology and Anthropology.

In the fall of 1994, Tiffany began her legal education at the West Virginia University College of Law in Morgantown, West Virginia. Tiffany earned her J.D. in 1997 from the College of Law.

Following admission to the West Virginia State Bar, Tiffany began work with McNeer, Highland, McMunn & Varner, L.C., in Clarksburg, West Virginia as an associate. In 2004, Tiffany became a director with McNeer, Highland, McMunn & Varner, L.C. Tiffany’s practice included defense litigation, representing insurers and corporations in a wide variety of litigation including insurance defense, insurance coverage, insurance extracontractual liability (bad faith), medical malpractice defense, nursing home negligence defense, legal malpractice defense, adoption, and personal injury defense. In addition, Tiffany has had an active appellate practice before the West Virginia Supreme Court of Appeals, presenting oral argument before the Court in both appeals and extraordinary petitions on several occasions. In that regard, Tiffany was chief appellate counsel in Strahin v. Sullivan, 647 S.E.2d 765, 2007 W. Va. Lexis 6 (2007) and Jackson v. State Farm Mutual Automobile Insurance Company, 215 W. Va. 364, 600 S.E.2d 346 (2004), two seminal cases addressing insurance bad faith and excess verdicts in the State of West Virginia.

In March of 2008, Tiffany continued her practice when she joined the law firm of Pullin, Fowler, Flanagan, Brown & Poe, PLLC, as a member, in the firm’s Morgantown office. She has continued her appellate practice and has also developed an active trial practice with approximately thirty trials in the last seven years in state and federal court.

Tiffany is admitted to practice before the West Virginia Supreme Court of Appeals, the United States District Court, in both the Northern and Southern Districts of West Virginia, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court.

Tiffany currently resides in Blacksville with her husband, James, their three labs, Duncan, Loomis and Darby.

Current Employment Position(s):

  • Member

Year Joined Organization:

  • 2008

Areas of Practice:

  • Appellate Practice
  • General Civil Litigation
  • Extra Contractual Insurance
  • Claims / Bad Faith
  • Insurance Adjuster Liability
  • Insurance Coverage
  • Legal and Medical Malpractice Defense
  • Deliberate Intent Defense
  • Nursing Home Negligence Defense
  • Personal Injury Defense
  • Wrongful Death
  • Employment Law

Litigation Percentage:

  • 100% of Practice Devoted to Litigation

Bar Admissions:

  • West Virginia, 1997
  • U.S. District Court Southern District of West Virginia, 1997
  • U.S. District Court Northern District of West Virginia, 1997
  • U.S. Court of Appeals 4th Circuit, 2003
  • Supreme Court of the United States of America, 2011

Education:

  • West Virginia University College of Law, Morgantown, West Virginia, 1997
    Doctor of Jurisprudence
    Honors: Class Rank 19 of 138
  • West Virginia University, Morgantown, West Virginia, United States, 1993
    Bachelor of Arts
    Honors: Magna Cum Laude
    Honors: President’s List
    Honors: Dean’s List
    Honors: Golden Key National Honor Society
    Honors: Certificate of Achievement, Eberly College of Arts and Sciences
    Honors: 1993 Outstanding Senior in the Department of Sociology and Anthropology
    Honors: Undergraduate Statistics Teaching Fellowship
    Major: Sociology
    Major: Anthropology

Representative Cases: 

  • Doe v. Pak (W.Va., January 26, 2016)
  • Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., No. 13-2234 (4th Cir., April 20, 2015)
  • Liston v. Kenney, 760 S.E. 2d 434 (W. Va. 2014)
  • Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 2013 U.S. District Lexis 136 509 (N.D. W.Va. 2013)
  • Ohio Power Co v. Pullman Power, LLC, 230 W.Va. 605, 741 S.E. 2d 830 (2013)
  • Sayre v. Westfield Ins. Co., 2012 W.Va. Lexis 948 (W. Va 2012)
  • Shoemaker v. Everett, 2012 W.Va. Lexis 946 (W. Va  2012)
  • Thomas v. State Farm Mutual Automobile Ins. Co., 2012 W.Va. Lexis 729 (W. Va. 2012)
  • State ex re. State Farm Mutual Automobile Insurance Company v. Bedell, 228 W.Va. 252, 719 S.E.2d 722 (2011)
  • State ex rel. State Farm Mutual Automobile Insurance Company v. Bedell, 226 W.Va. 138, 697 S.E. 2d. 730 (2010)
  • Brown v. The City of Fairmont, 655 S.E. 2d 563 (W. Va. 2007)
  • Strahin v. Sullivan, 647 S.E.2d 765 (W. Va.  2007)
  • Swiger v. United Valley Insurance Company, 189 Fed. Appx 234 (4th Circuit 2006)
  • Jackson v. State Farm Mutual Automobile Insurance Company, 600 S.E.2d 346 (W. Va. 2004)
  • Moore v. CNA Insurance Company, 599 S.E.2d 709 (W. Va. 2004)
  • Strahin v. Cleavenger, 603 S.E.2d 197 (W. Va. 2004)
  • Hutchens v. Progressive Paloverde Insurance Company, 211 F. Supp. 2d 788 (S.D.W.Va. 2002)
  • Dairyland Insurance Company v. Fox, 550 S.E.2d 388 (W. Va. 2001)
  • Slider v. State Farm Mutual Automobile Insurance Company, 557 S.E.2d 883 (W. Va. 2001)
  • Lee v. Gentlemen’s Club, Inc., 542 S.E.2d 78 (W. Va. 2000)
  • State Auto Mutual Insurance Company v. Alpha Eng’g Services, 542 S.E.2d 876 (W. Va. 2000)
  • West Virginia Fire & Casualty Company v. Matthews, 543 S.E.2d 664 (W. Va. 2000)
  • Klettner v. State Farm Mutual Automobile Insurance Company, 519 S.E.2d 870 (W. Va. 1999)
  • Lawyer Disciplinary Board v. Kupec, 515 S.E.2d 600 (W. Va. 1999)
  • McCammon v. Oldaker, 516 S.E.2d 38 (W. Va. 1999)
  • State ex rel. West Virginia Fire & Casualty Company v. Karl, 505 S.E.2d 210 (W. Va. 1998)

Representative Clients:

  • AIG Claims Services, Inc.
  • Erie Insurance Company
  • Progressive Insurance Company
  • Safeco Insurance Company
  • State Farm Insurance Company
  • Swiss Re
  • Travelers Insurance Company
  • The Hartford
  • Westfield
  • Allstate
  • 21st Century
  • Met Life
  • Zurich Insurance
  • West Virginia Counties Risk Pool
  • Northland Insurance
  • Prosight Specialty Insurance
  • Panhandle Farmers Mutual Insurance
  • Lincoln Heritage Life Insurance Company
  • Liberty Mutual
  • National American Insurance Company

Classes/Seminars Taught:

  • West Virginia Trucking Association Convention, “Preparation of Employees for Statements, Interviews, Deposition and Controlling Social Media,” September 22, 2016
  • Expert Witness Workshop, Defense Trial Counsel Young Lawyers Committee 2016 CLE Seminar, “Medical Experts and Future Damages,” September 9, 2016
  • Trial Academy, Defense Trial Academy of West Virginia, “Admitting Evidence at Trial,” November 15, 2014
  • Building Your Civil Trial Skills – “How to Handle Post Trial Issues”, National Business Institute, June 28, 2012 – Present
  • Insurance Bad Faith Claims, Lorman Education Services, May 3, 2012 – Present Insurance Bad Faith Claims, Lorman Education Services, May 25, 2010 – Present Insurance Bad Faith, Lorman, May 29, 2008 – Present Update on Bad Faith Law, Travelers Insurance, May 22, 2008 – Present Understanding First Party Liability Issues in Health and Disability Policies, WVU College of Law, September 21, 2007 – Present Insurance Bad Faith, Lorman, May 31, 2007 – Present Update on Law, West Virginia Association of Insurance Companies, May 10, 2007 – Present Insurance Law Update: Understanding Current Coverage Trends, NBI, March 1, 2007 – Present Third National Advanced Forum on Environmental Insurance Claims and Litigation, ACI, January 25, 2007 – Present Seventh National Forum on Litigating, Settling and Managing Asbestos Claims, ACI, June 15, 2006 – Present Bad Faith and Employment Practices Coverage, State Auto Insurance Seminar, May 1, 2005 – Present Eighth National Advanced Forum on Litigating Disability Insurance Claims, ACI, March 4, 2005 – Present Insurance Coverage Law in West Virginia, NBI, May 6, 2004 – Present 

Honors and Awards:

Professional Associations and Memberships:

  • American Board of Trial Advocates
  • Harrison County Bar Association, 2002 – 2008
    • Member, Board of Directors
  • West Virginia State Bar, 2003 – 2006
    • Member, Young Lawyers Executives Committee
  • Defense Research Institute
    • Member, Insurance Law Committee
  • Defense Research Institute
    • Member. Appellate Advocacy Committee
  • American Bar Association
    • Member, Tort and Insurance Practice Section – TIPS
  • Monongalia County Bar Association 2008 – Present
  • Defense Trial Counsel of West Virginia 2015 – Present

Past Employment Positions:

  • Oliver & Yackel, Law Clerk, 1995 – 1997
  • McNeer, Highland, McMunn & Varner, L.C., Associate, 1997 – 2003
  • McNeer, Highland, McMunn & Varner, L.C., Director, 2004 – 2008

 Birth Information:

  • February 22, 1971, Waynesburg, Pennsylvania, United States of America

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