John Burgess v. Nationwide Property & Casualty Ins. Co. — 4th Cir. (Oct 30, 2026)
The Fourth Circuit hears a fire-insurance dispute between homeowners and Nationwide. A fire damaged the home of John Burgess and Sylvia Cruz on December thirty-first, two thousand twenty. They challenged the insurer's handling of contamination cleanup and additional repairs. Their policy required suit within two years after the date of loss. The district court enforced that provision and dismissed their case as too late. The appeal asks whether the clock instead starts with the insurer's written refusal to pay. An earlier West Virginia decision, Meadows, started a standard fire policy's one-year clock at that written refusal. This policy gives two years from the loss, raising the question of whether its terms are at least as favorable to the insured. The panel will also consider certification: asking West Virginia's highest court to clarify a state-law question.
John Burgess v. Nationwide Property & Casualty Ins. Co. (No. 25-1198) — U.S. Court of Appeals for the Fourth Circuit, argued October 30, 2026.
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