Ex-West Virginia Nonprofit Director Wins Federal Appeal

April 20, 2012

A federal appeals court says an insurance company should have represented a former director of a West Virginia nonprofit organization in a civil lawsuit.

The 4th U.S. Circuit Court of Appeals in Richmond, Va., sided with Bob Graham in a recent unpublished opinion.

Graham was removed from his position with the Council on Aging in Wyoming County and All Care Home and Community Services.

He sued in 2010 after National Union Fire Insurance refused to defend him in a 2004 lawsuit filed by the state. That suit alleged Graham and the companies breached public trust in their use of public funds.

A federal judge had granted summary judgment to National Union, but the appeals court last week ruled that the company was required to defend him.

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