⚖ Oral Arguments, with Context

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John Burgess v. Nationwide Property & Casualty Ins. Co. — 4th Cir. (Oct 30, 2026)

No. 25-1198 Argued October 30, 2026 Published October 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.

Sources
Argument audio — official Fourth Circuit recording:https://www.ca4.uscourts.gov/OAarchive/mp3/25-1198-20261030.mp3
Case and argument date — official Fourth Circuit audio listing:https://www.ca4.uscourts.gov/oral-argument/oral-argument-audio-files
Official hearing synopsis — loss date versus written refusal of coverage:https://www.ca4.uscourts.gov/cal/internetcalOct272026.pdf
Background and ruling below — district court Doc. 190, January 30, 2025 (GovInfo):https://www.govinfo.gov/content/pkg/USCOURTS-wvnd-3_23-cv-00142/pdf/USCOURTS-wvnd-3_23-cv-00142-0.pdf
Meadows v. Employers’ Fire Insurance Co. — West Virginia decision, December 15, 1982:https://law.justia.com/cases/west-virginia/supreme-court/1982/15252-4.html
Standard fire policy — West Virginia Code § 33-17-2:https://code.wvlegislature.gov/33-17-2/
Certified state-law questions — West Virginia Code § 51-1A-3:https://code.wvlegislature.gov/51-1A-3/

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