Michelle E. Gaston

Biography

Michelle Gaston is a straight forward, no nonsense lawyer, who is willing to get her hands dirty for her clients. Clients appreciate Michelle’s ability to balance her love of research and writing with practical solutions that can be implemented.

Michelle’s practice is rooted in the insurance business. She regularly reviews policies, provides coverage opinions, and solves coverage disputes, as well as actively litigates, both on behalf of insurance companies and its clients.

A unique focus for Michelle is that she also represents clients in fraud and arson cases involving insurance matters. Specifically, she has handled examinations under oath, claim evaluations, and settlement negotiations.

Michelle is the firm’s Insurance Company Team Leader. She is often called upon to conduct research and draft briefs that capture both practical and legal arguments. She is the Editor of the firm’s “First Look” newsletter, which takes a deep dive into issues and developments in insurance law.

Court Admissions

Representative Experience

  • Tried an insurance bad faith case in a jury trial in the Circuit Court of Berkeley County, West Virginia

Licensed In

  • West Virginia
  • Georgia
  • South Carolina

Education

  • J.D. West Virginia University College of Law
  • B.A. West Virginia Tech

Memberships

  • Of Counsel, WV State IASIU Chapter
  • Claims Management, Inc.
  • West Virginia International Association of Arson Investigators (WVIAAI)
  • Defense Trial Counsel of West Virginia
  • Defense Research Institute

Achievements

  • The Best Lawyers in America®, Insurance Law (2011-Present), Litigation – Insurance (2019-Present)
  • Member of the Year, WVIAAI (2013)

Speaking Engagements

  • “Insurance Law; A Review of Recent Insurance Law Decisions and A Preview of Pending Insurance Law,” West Virginia University CLE (2018)
  • “Insurance Law; A Review of Recent Insurance Law Decisions and A Preview of Pending Insurance Law,” West Virginia University CLE (2017)
  • “A Review of Recent Insurance Law Decisions and A Preview of Pending Insurance Law Cases,” WVU Continuing Legal Education, Charleston, WV (June 2017)
  • “Navigating the Hazards of Claim Handling,” Robert B. Morgan Insurance Conference, Louisville, KY (April 2017)
  • “Insurance Law; A Review of Recent Insurance Law Decisions and A Preview of Pending Insurance Law,” West Virginia University CLE (2016)
  • “Preview of Pending Insurance Law Cases: Insurance Law,” WVCLE (June 2016)
  • Panelist, “Top 10 Coverage Decisions of 2013,” MC Consultants Eastern Regional Conference, Orlando, FL (June 2014)
  • Co-Presenter, “Fraud Awareness and Investigation: Detection, Investigation and Compliance in the Age of Savvy Insureds,” PLRB Eastern Regional Conference, Baltimore, MD (2012)
  • Co-Presenter, “Fire and Explosion Cause and Origin Investigations: Developing Viable Subrogation Claims and Managing Experts From the Forensic and Legal Perspective,”  Charleston, WV (2006)

Publications

  • Co-Author, “Coverage Triggers: What is the X Factor?” For the Defense (May 2014)

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