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Spilman Thomas & Battle, PLLC

Don C. A. Parker

Don C. A. Parker

Chair, Insurance Coverage & Bad Faith
Co-Chair, Appellate Group
Member

Spilman Thomas & Battle, PLLC
West Virginia, U.S.A.

tel: 304.340.3896
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Local Time: Sun. 15:12

Profile
Mr. Parker's primary areas of practice are litigation, insurance coverage and insurance bad faith law, appellate litigation, and service as a mediator.

Bar Admissions

Admissions

  • West Virginia State Bar
  • Kentucky State Bar
  • Ohio State Bar
  • Maryland State Bar
  • District of Columbia Bar
  • California State Bar inactive
  • United States Supreme Court
  • All federal courts in West Virginia, Kentucky, Ohio, Maryland, District of Columbia and California
  • United States Courts of Appeals for the Fourth, Sixth, Ninth and District of Columbia Circuits

Education

  • Centre College of Kentucky, B.S., 1985
  • University of Notre Dame, J.D., 1988
Areas of Practice
Professional Career

Significant Accomplishments

  • Served as lead counsel in litigation which obtained a preliminary injunction against the Secretary of the United States Department of Health and Human Services to provide adequate due process for a physician prior to revoking Medicare billing privileges
  • Obtained a reversal on appeal of a trial court's refusal to enforce an arbitration clause in a contract for the purchase of a car
  • Obtained a reversal on appeal of a trial court's decision to force a workers' compensation insurance carrier to provide deliberate intent insurance coverage to an employer that had never purchased such coverage
  • Obtained a reversal on appeal of a trial court's decision to force an insurance company to provide liability insurance to the State of West Virginia for an injury sustained by a child on State property
  • Obtained a reversal on appeal of a trial court's misapplication of the "reasonable expectations" doctrine as a basis for striking exclusions from an insurance policy in an insurance coverage dispute involving a sunken marina
  • Preserved on appeal a trial court's grant of summary judgment to an insurance company due to the preservation of governmental immunity enjoyed by the insured
  • Obtained a reversal on appeal of a jury verdict in favor of a mentally disabled plaintiff alleging serious physical injuries as a result of being struck by a car while exiting a WMATA bus
  • Extensive experience representing insurance companies in insurance coverage and bad faith disputes in West Virginia
  • Experience representing defendants before appellate courts in West Virginia, Maryland and the District of Columbia on a wide range of insurance and tort law issues
  • Experience representing defendants as first chair in trials for insurance and bad faith litigation, general tort defense litigation, and the prosecution in criminal cases
  • Experience handling a high volume of medium-exposure tort cases for a large self-insured entity (WMATA)
  • Former Assistant General Counsel, Washington Metropolitan Area Transit Authority (WMATA), Washington, D.C., 1993 - 1998
  • Former Deputy City Attorney for the City of Inglewood, California, Criminal Division, 1989 - 1992
     

  • Reported Cases

  • Penn Virginia Operating Co., LLC v. Yokum, 829 S.E. 2d 747 (2019)
  • BrickStreet Mutual Insurance Company v. Zurich American Insurance Company, 240 W. Va. 414, 813 S.E. 2d 67 (2018)
  • First Mercury v. Russell, 239 W. Va. 773, 806 S.E. 2d 419 (2017)
  • BrickStreet Mutual Insurance Company v. Zurich American Insurance Company, 2017 WL 2804913 (U.S. Ct. App. 4th Cir. June 28, 2017)
  • GEICO v. Sayre, 239 W. Va. 300, 800 S.E. 2d 886 (2017)
  • Schumacher Homes of Circleville, Inc. v. Spencer, 237 W. Va. 379, 787 S.E. 2d 650 (2016)
  • Odom v. Partners for Payment Relief, 2015 WL 3676713 (W. Va. Sup. Ct. App. June 12, 2015)
  • Arrow Financial Services, LLC v. Morrissey, 2015 WL 2365361 (W. Va. Sup. Ct. App. May 15, 2015)
  • Schumacher Homes of Circleville, Inc. v. Spencer, 235 W. Va. 335, 774 S.E. 2d 1 (2015), vacated and remanded by Schumacher Homes of Circleville, Inc. v. Spencer, 136 S. Ct. 1157, 194 L. Ed. 2d 164, 84 USLW 3129 (2016), reversed upon remand by Schumacher Homes of Circleville, Inc. v. Spencer, 237 W. Va. 379, 787 S.E. 2d 650 (2016)
  • Rose v. State Farm, 766 F. 3d 532 (6th Cir. 2014)
  • Odom v. Partners for Payment Relief, 2014 WL 2579321 (W. Va. Sup. Ct. App. June 6, 2014)
  • Kenney v. Independent Order of Foresters, 744 F. 3d 901 (4th Cir. 2014)
  • SER AIG Domestic Claims, Inc. v. Starcher, 2014 WL 683963 (W. Va. Sup. Ct. App. Feb. 21, 2014)
  • Graham v. National Union Fire Ins. Co., 556 Fed. Appx. 193 (4th Cir. 2014)
  • Cavalry SPV I, LLC. v. Morrisey, 232 W. Va. 325, 752 S.E. 2d 356 (2013)
  • Cava v. National Union Fire Ins. Co., 232 W. Va. 503, 753 S.E. 2d 1 (2013)
  • Credit Acceptance Corp. v. Front, 231 W. Va. 518, 745 S.E. 2d 556 (2013)
  • Combs v. National Union Fire Ins. Co., 2013 WL 2157821 (W. Va. Sup. Ct. App. May 17, 2013)
  • Jenkins v. City of Elkins, 230 W. Va. 335, 738 S.E. 2d 1, 2012 (2012)
  • New Hampshire Insurance Company v. RRK, Inc., 230 W. Va. 52, 736 S.E. 2d 52 (2012)
  • National Union Fire Insurance Company of Pittsburgh v. Miller, 228 W. Va. 739, 724 S.E. 2d 343 (2012)
  • Graham v. National Union Fire Insurance Company of Pittsburgh, Pa., 474 Fed.Appx. 956 (4th Cir. 2012)
  • West Virginia Employers’ Mutual Insurance Company v. Summit Point Raceway Associates, Inc., 228 W.Va. 360, 719 S.E. 2d 830 (2011)
  • Loudin v. National Liability & Fire Insurance Company, 228 W. Va. 34, 716 S.E. 2d 696 (2011)
  • WMATA v. Reading, 109 Md. App. 89, 674 A. 2d 44 (1996)
  • Chapman v. Kamara, 118 Md. App. 418, 702 A. 2d 977 (1997)

  • Blogs

    INGOTS: Raw Thoughts and Unpolished Ideas
    Spilman Thomas & Battle, PLLC 

    Spilman Thomas & Battle, PLLC is a full-service law firm offering a broad range of practices, spanning litigation and corporate law, for clients large and small. Founded in 1864, Spilman has offices in Pennsylvania, West Virginia, Virginia and North Carolina. This blog is updated and maintained by...

    Articles

    Publications & Presentations

    • Co-Author, "Court Decision Important to Future of Insurance Industry in W.Va.," December 2011
    • "Taking Effective Depositions," Lorman Educational Services, January 1999 and January 2000


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