FOLLOW US

America January 5, 2023 3 mins read

CBD Co. Wants 4th Circ. To Sanction Insurer’s ‘Vexatious’ Appeal

America ı By Samuel Lopez

0 Comments

Untitled

USA Herald – This is the case of Kinsale Insurance Company v. JDBC Holdings Inc., in the U.S. Court of Appeals for the Fourth Circuit.

A CBD company located in Kernersville, West Virginia. is urging the Fourth Circuit to sanction its insurance company over what it refers to as a "frivolous" and "vexatious" appeal of a $6.45 million verdict against the insurer in a coverage dispute.

Fun Fact: Cannabidiol (CBD) is an active ingredient in cannabis that is derived from the hemp plant, but it does not cause a high.

JDBC Holdings Inc. is represented by J. Tyler Mayhew, Stuart A. McMillan, and Patrick C. Timony of Bowles Rice LLP.

In a motion filed this week, JDBC’s attorneys pointed out that the Fourth Circuit previously dismissed Kinsale’s first appeal, which JDBC says should have made it abundantly clear that the second attempt would also be unsuccessful.

The JDBC attorneys argued that Kinsale's appeal was filed in bad faith in an effort to delay or avoid paying on its judgment award.

JDBC attorneys told the court that "Kinsale's misconduct serves no purpose other than to waste the time and resources of JDBC's counsel, delay final resolution of this case, and clog this court's docket," Counsel for JDBC further stated that it is for this reason that "Sanctions are therefore warranted."

According to the motion, Kinsale's appeal arguably agrees that there is no good faith argument for an appeal, but in spite of this, it has chosen to forge forward at its own peril.

JDBC contends that the insurer disregarded the court's previous findings because as JDBC claims, this was the insurer’s master plan to file the appeal with the intent to cause disrupt the proceedings, force JDBC to incur unnecessary attorneys fees, and costs in responding to its frivolous filings, and to intentionally delay payment of the court’s judgment

In November 2022, U.S. District Judge John Preston Bailey ruled in favor of the CBD manufacturer, finding that the insurer owed coverage for a 2019 fire that destroyed its West Virginia facility.

JDBC filed a claim just one day after the incident, and Kinsale countered by filing a lawsuit against JDBC asking the court for a declaration that it had no coverage obligations, but that complaint was dismissed. Additionally, the court found that the fire was covered by its insurance policy.

Kinsale Insurance Co., who is represented by Ancil G. Ramey of Steptoe & Johnson PLLC, also has exposure here, because the court has the discretion to issue sanctions against the parties engaged in the litigation, and/or to sanction the attorneys personally, if the court finds that sanctions are warranted in this case.

JDBC attorneys argued that "If there were ever a time that sanctions are appropriate, this is it."

 

 

 

 

 

 

 

Previous Article

Insurance Company’s Bad Faith Actions Result In Large Payday for Policyholder

Read More
1944 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 9, 2026
Green AI Cloud $300M SPAC Merger…

Green AI Cloud $300M SPAC Merger will take the Swedish…

By – Tyler Brooks
America October 9, 2026
Cornell Rape Case Raises a Difficult…

SIDEBAR Major research generally places demonstrably false sexual-assault reports at…

By – Samuel Lopez
America October 9, 2026
Arizona Court Cyberattack Exposes 1.3 Million…

What Arizona’s Court Breach Exposed A phishing link apparently opened…

By – Samuel Lopez
America October 9, 2026
Gemini Insurance Company Tells Judge An…

What’s Inside the Ad.com Coverage Fight Gemini Insurance says Ad.com’s…

By – Samuel Lopez
America October 9, 2026
Terrell Owens Sued By Nolan Wells’…

What Readers Need to Know Three young men who were…

By – Samuel Lopez
America October 9, 2026
Army Report Finds Cascading Safety Failures…

What the Army’s Investigation Reveals The Army concluded that failures…

By – Samuel Lopez
America October 9, 2026
Army Report Finds Cascading Safety Failures…

What the Army’s Investigation Reveals The Army concluded that failures…

By – Samuel Lopez
America October 9, 2026
Kevin Hart’s 2017 Sex Tape Could…

SIDEBAR Kevin Hart’s former assistant Miesha Shakes has identified both…

By – Samuel Lopez
America October 8, 2026
Artificial: Andrew Garfield Says Playing Sam…

Artificial intelligence has become a growing source of debate in…

By – Jackie Allen
America October 8, 2026
Hegseth’s Execution Livestream Is a Disgrace

The Pentagon plans to livestream the firing-squad execution of Nidal…

By – Michallie Harrison
America October 8, 2026
Christa Pike Survived. Can Tennessee Execute…

NASHVILLE, Tenn. — Christa Pike is conscious and speaking after…

By – Michallie Harrison
America October 8, 2026
State’s Consent to Sex Laws Face…

The debate over consent to sex is intensifying after allegations…

By – Jackie Allen
America October 8, 2026
State’s Consent to Sex Laws Face…

The debate over consent to sex is intensifying after allegations…

By – Jackie Allen
America October 8, 2026
Cornell Gang-Rape Investigation: Accuser Says She…

The Cornell gang-rape allegations have come under renewed scrutiny after…

By – Jackie Allen
America October 8, 2026
Arizona Candidate Alleges Rape While Repairing…

Candidate alleges rape after she says she was attacked while…

By – Jackie Allen
America October 8, 2026
Emergency room visits Double After Online…

Emergency room visits tied to gambling disorders doubled after Ontario…

By – Jackie Allen
America October 7, 2026
Mouth of Hell Volcano Replenishing Magma…

The Mouth of Hell in Nicaragua may be showing signs…

By – Jackie Allen
America October 7, 2026
Queen Camilla’s Doctor Hannah Cain Murdered…

Dr. Murdered is the shocking description surrounding the death of…

By – Jackie Allen
America October 7, 2026
When The Camera Becomes A Witness…

By Samuel López | USA Herald A bird flies directly…

By – Samuel Lopez
America October 7, 2026
New Jersey Insurance Executive Kills Wife…

What We Know So Far David Grodnick, a longtime title-insurance…

By – Samuel Lopez
America October 7, 2026
Nidal Hasan Set for Firing Squad…

What Readers Need to Know Nidal Hasan is scheduled to…

By – Samuel Lopez
America October 7, 2026
Disney Says Trump FCC Is Using…

What’s Really at Stake in the ABC-FCC Fight Disney says…

By – Samuel Lopez
America October 7, 2026
Oprah-Backed True Food Kitchen Files Chapter…

What the Bankruptcy Filing Reveals True Food Kitchen entered Chapter…

By – Samuel Lopez
America October 7, 2026
Appeals Court Rejects AI Training Fair…

What Music and AI Companies Need to Know The Third…

By – Samuel Lopez
America October 7, 2026
Could a COVID-Level Outbreak Disrupt Russia’s…

By Samuel López | USA Herald Russia’s mysterious Siberian health…

By – Samuel Lopez
America October 6, 2026
Russian Lab Worker’s Mystery Pneumonia Death…

WHY THIS CASE DESERVES ATTENTION A 28-year-old worker at Russia’s…

By – Samuel Lopez
America October 6, 2026
ICE Fines: Judge Halts Rule Behind…

BOSTON — A federal judge has halted a Trump administration…

By – Michallie Harrison
America October 4, 2026
Russia Plague Scare Follows Lab Worker’s…

A Russia plague scare has prompted medical monitoring and reported…

By – Michallie Harrison
America October 4, 2026
OSHA Wants Overdose Reversal Kits at…

Inside OSHA’s Overdose Playbook for Employers OSHA wants naloxone kept…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America October 3, 2026
California Sends Cease and Desist Letter…

What Matters in This Fight California regulators have reportedly ordered…

By – Samuel Lopez
America October 3, 2026
Costco Faces $5 Million Sugar-Free Lawsuit…

By Samuel López | USA Herald Costco Wholesale Corporation is…

By – Samuel Lopez
America October 2, 2026
NFL Concussion Claims Count as Separate…

What the Coverage Ruling Means Each former player’s claim counts…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter