Don C. A. Parker
Co-Chair, Appellate Group | Member | Chair, Insurance Coverage & Bad Faith Practice Group
Charleston, WV
office 304.340.3896
mobile 304.545.0666
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Resources

Mr. Parker's primary areas of practice are litigation, insurance coverage and insurance bad faith law, appellate litigation, and consumer finance law.

Education

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

Experience

  • Serving as lead counsel in litigation obtaining 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
  • Representing defendants as first chair in trials for insurance and bad faith litigation, general tort litigation, employment litigation and the prosecution in criminal cases
  • Representing insurance companies in insurance coverage and bad faith disputes in West Virginia
  • Representing defendants before appellate courts in West Virginia, Maryland and the District of Columbia on a wide range of insurance and tort law issues
  • Handling a high volume of medium-exposure tort and employment cases for a large self-insured entity (WMATA)
  • Obtaining a reversal on appeal of a trial court's refusal to enforce an arbitration clause in a contract for the purchase of a car
  • Obtaining 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
  • Obtaining 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
  • Obtaining 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
  • Preserving on appeal a trial court's grant of summary judgement to an insurance company due to the preservation of governmental immunity enjoyed by the insured
  • Obtaining 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
  • 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

  • Credit Acceptance Corp. v. Front, _____ S.E. 2d _____, 2013 WL 3155993 (W.Va.)
  • 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)
Alternative Dispute Resolution Appellate Litigation Consumer Finance Insurance Insurance Coverage & Bad Faith Insurance Government Relations & Regulatory Litigation

Distinctions

  • Nominated by his peers for inclusion in The Best Lawyers in America in the area of Insurance Law
  • Named the Best Lawyers® 2014 & 2018 "Lawyer of the Year" for Insurance Law in Charleston, W.Va.
  • Listed in West Virginia Super Lawyers 
  • BV® Distinguished™ Peer-Review Rated by Martindale-Hubbell

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

Memberships

  • American Bar Association
  • Defense Research Institute
  • Former Member, Defense Trial Counsel of West Virginia Board of Governors
  • Former Chair, Defense Trial Counsel of West Virginia Insurance Law Committee

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
Spilman Attorneys Recognized by Super Lawyers 2017 62 Spilman Attorneys Recognized by Best Lawyers 2017 18 W.Va.-based Spilman Attorneys Recognized by Super Lawyers 57 Spilman Attorneys Recognized by Best Lawyers 2016 21 W.Va.-based Spilman Attorneys Recognized by Super Lawyers 56 Spilman Attorneys Recognized by Best Lawyers 2015 Spilman Attorneys Recognized as “Lawyers of the Year” 2014  55 Spilman Attorneys Recognized by Best Lawyers 2014  26 Spilman Attorneys Recognized by W.Va. & Va. Super Lawyers Spilman Attorneys Recognized by The Best Lawyers in America 2013