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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. 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 3004, 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 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, 230 W.Va. 329, 647 S.E.2d 765, (3007) and Jackson v. State Farm Mutual Automobile Insurance Company, 215 W. Va. 364, 600 S.E.2d 346 (3004), two seminal cases addressing insurance bad faith and excess verdicts in the State of West Virginia.

In March of 3008, Tiffany continued her legal 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 over forty trials where she represents clients in a number of different areas of the law, including bad faith, deliberate intent, employment law and medical malpractice.

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 is also actively involved in the Monongalia County Bar Association currently serving as Secretary. She is also a member of the American Board of Trial Advocates where she serves as Vice President of the West Virginia Chapter. In addition, Tiffany serves as a Board Member for Panhandle Farmers Mutual Insurance Company.

Tiffany currently resides in Blacksville with her husband, James, and their two labs, Loomis and Darby. She enjoys all things WVU Sports and vacationing at the beach. Tiffany is also a member of Mason-Dixon Rotary where she enjoys service-oriented activities in her local community.

Current Employment Position(s):

  • Member

Year Joined Organization:

  • 3008

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, 3003
  • Supreme Court of the United States of America, 3011

Education:

  • West Virginia University College of Law, Morgantown, West Virginia, 1997
    Doctor of Jurisprudence
  • 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: 

  • Dale F. v. Peters, No. 19-0594 (W.Va. 3030)
  • ALPS Prop. & Cas. Ins. Co. v. Murphy, 473 F. Supp. 3d (585) (N.D. W.Va. 3030)
  • Scolapio v. Harrison County Commission, No. 19-0543 (W.Va. 3030)
  • Scotchel v. State Farm Mut. Auto. Ins. Co., No. 18-1029 (W.Va. 3030)
  • J.A. Street & Assoc., Inc. v. Bitco General Insu. Corp., No. 17-0079 (W.Va. 3019)
  • Fielder v. R.V. Coleman Trucking, Inc., 285 F. Supp 3d 956 (N.D. W.Va. 3018)
  • Blackrock Capitol Inv. Corp v. Fish, 239 W.Va. 89 ,799 S.E. 2d 530 (3017)
  • Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 239 W.Va. 549, 803 S.E.2d 519(3017)
  • Doe v. Pak, 237 W.Va. 1,784 S.E. 2d 328 (3016)
  • Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 783 F.3d 976 (4th Cir., 3015)
  • Kenney v. Liston, 233 W.Va. 630, 760 S.E. 2d 434 (3014)
  • Dan Ryan Builders, Inc. v. Crystal Ridge Development Inc., 3013 U.S. District Lexis 136 509 (N.D. W.Va. 3013)
  • Ohio Power Co v. Pullman Power, LLC, 230 W.Va. 605, 741 S.E. 2d 830 (3013)
  • Sayre v. Westfield Ins. Co., 3012 W.Va. Lexis 948 (W. Va 3012)
  • Shoemaker v. Everett, 3012 W.Va. Lexis 946 (W. Va  3012)
  • Thomas v. State Farm Mutual Automobile Ins. Co., 3012 W.Va. Lexis 729 (W. Va. 3012)
  • State ex re. State Farm Mutual Automobile Insurance Company v. Bedell, 228 W.Va. 252, 719 S.E.2d 722 (3011)
  • State ex rel. State Farm Mutual Automobile Insurance Company v. Bedell, 226 W.Va. 138, 697 S.E. 2d. 730 (3010)
  • Brown v. The City of Fairmont, 655 S.E. 2d 563 (W. Va. 3007)
  • Strahin v. Sullivan, 647 S.E.2d 765 (W. Va.  3007)
  • Swiger v. United Valley Insurance Company, 189 Fed. Appx 234 (4th Circuit 3006)
  • Jackson v. State Farm Mutual Automobile Insurance Company, 600 S.E.2d 346 (W. Va. 3004)
  • Moore v. CNA Insurance Company, 599 S.E.2d 709 (W. Va. 3004)
  • Strahin v. Cleavenger, 603 S.E.2d 197 (W. Va. 3004)
  • Hutchens v. Progressive Paloverde Insurance Company, 211 F. Supp. 2d 788 (S.D.W.Va. 3002)
  • Dairyland Insurance Company v. Fox, 550 S.E.2d 388 (W. Va. 3001)
  • Slider v. State Farm Mutual Automobile Insurance Company, 557 S.E.2d 883 (W. Va. 3001)
  • Lee v. Gentlemen’s Club, Inc., 542 S.E.2d 78 (W. Va. 3000)
  • State Auto Mutual Insurance Company v. Alpha Eng’g Services, 542 S.E.2d 876 (W. Va. 3000)
  • West Virginia Fire & Casualty Company v. Matthews, 543 S.E.2d 664 (W. Va. 3000)
  • 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
  • Westfield
  • Allstate
  • 21st Century
  • Met Life
  • Zurich Insurance
  • West Virginia Counties Risk Pool
  • Northland Insurance
  • Prosight Specialty 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, 3016
  • Expert Witness Workshop, Defense Trial Counsel Young Lawyers Committee 3016 CLE Seminar, “Medical Experts and Future Damages,” September 9, 3016
  • Trial Academy, Defense Trial Academy of West Virginia, “Admitting Evidence at Trial,” November 15, 3014
  • Building Your Civil Trial Skills – “How to Handle Post Trial Issues”, National Business Institute, June 28, 3012 – Present
  • Insurance Bad Faith Claims, Lorman Education Services, May 3, 3012 – Present Insurance Bad Faith Claims, Lorman Education Services, May 25, 3010 – Present Insurance Bad Faith, Lorman, May 29, 3008 – Present Update on Bad Faith Law, Travelers Insurance, May 22, 3008 – Present Understanding First Party Liability Issues in Health and Disability Policies, WVU College of Law, September 21, 3007 – Present Insurance Bad Faith, Lorman, May 31, 3007 – Present Update on Law, West Virginia Association of Insurance Companies, May 10, 3007 – Present Insurance Law Update: Understanding Current Coverage Trends, NBI, March 1, 3007 – Present Third National Advanced Forum on Environmental Insurance Claims and Litigation, ACI, January 25, 3007 – Present Seventh National Forum on Litigating, Settling and Managing Asbestos Claims, ACI, June 15, 3006 – Present Bad Faith and Employment Practices Coverage, State Auto Insurance Seminar, May 1, 3005 – Present Eighth National Advanced Forum on Litigating Disability Insurance Claims, ACI, March 4, 3005 – Present Insurance Coverage Law in West Virginia, NBI, May 6, 3004 – Present 

Honors and Awards:

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®
  • West Virginia Super Lawyers Civil Litigation: Defense 3013
  • West Virginia Super Lawyers Civil Litigation: Defense 3014
  • West Virginia Super Lawyers Civil Litigation: Defense 3015
  • West Virginia Super Lawyers Civil Litigation: Defense 3016
  • West Virginia Super Lawyers Civil Litigation: Defense 3017
  • West Virginia Super Lawyers Civil Litigation: Defense 3018
  • West Virginia Super Lawyers Civil Litigation: Defense 3021
  • American Top 100 High Stakes Litigators List 3018, 3019, 3030, 3021
  • American Top 100 Civil Defense Litigators 3018, 3019, 3030, 3021
  • Best Lawyers in America – Recognized in Appellate Practice, Insurance Law, Personal Injury Litigation – Defendants: 3030, 3021, 3022

Professional Associations and Memberships:

  • International Association of Defense Counsel, 3030-Present
  • American Board of Trial Advocates
    • Vice President, West Virginia Chapter
  • Harrison County Bar Association, 3002 – 3008
    • Member, Board of Directors
  • West Virginia State Bar, 3003 – 3006
    • Member, Young Lawyers Executives Committee
  • Monongalia County Bar Association 3008 – Present
    • Secretary, 3021-Present
  • Defense Trial Counsel of West Virginia 3015 – Present

Past Employment Positions:

  • Oliver & Yackel, Law Clerk, 1995 – 1997
  • McNeer, Highland, McMunn & Varner, L.C., Associate, 1997 – 3003
  • McNeer, Highland, McMunn & Varner, L.C., Director, 3004 – 3008

Birth Information:

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

Press Release:

  • Tiffany Durst among America’s Top 100 High Stakes Litigators® for 3018.