Patrick C. Timony

Patrick Timony works as a litigation partner and Assistant General Counsel at the Charleston, West Virginia offices of Bowles Rice LLP. Mr. Timony approaches solutions to litigation differently to resolve difficult cases effectively and efficiently for clients. Unlike some counsel, Mr. Timony works to maintain positive relationships with both the Court and opposing counsel to find common ground to resolve the dispute to the client’s satisfaction, while, at the same time, always preparing the case for trial. Mr. Timony has tried more than 15 cases to verdict and has successfully tried several cases involving various disputes and millions of dollars. 

Whether working for a company or an individual, Mr. Timony treats each case personally. He aims to take away clients’ anxieties and worries over the process and strives to present the best case possible given the facts and law.

Mr. Timony practices across the state of West Virginia, in both federal and state court and maintains licensure in the State and Superior Courts of Georgia. He focuses on: (1) commercial litigation; (2) construction litigation; (3) insurance bad faith; and (4) professional licensing disputes.   

Trial Experience

• Obtained a judgment in excess of $1.8 Million Dollars following a 23 day arbitration against multiple subcontractors and competing claims for breach of contract and wrongful termination concerning a bridge project in Mercer County, West Virginia.

• Successfully prosecuted an insurance contract claim dispute that resulted in a judgment award to the client of more than Ten Million Dollars ($10,000,000.00+), which later resulted in a confidential settlement.
• Obtained a complete defense verdict for an insured against multi-million-dollar negligence claim stemming from an accident that rendered the plaintiff permanently disabled.
• Successfully defended a coal hauling company in a bet-the-company case, which allowed the company to continue business despite facing claims of millions of dollars related to allegations of theft of another company’s business. 
• Successfully defended a bank against claims of a special needs plaintiff related to management of a special needs trust.
• Successfully prosecuted an insurance contract claim against an insurer related to the replacement of a building on the insured’s property following a fire.
• Successfully prosecuted a homeowners’ trespass claims against a neighbor, leading to an award of attorneys’ fees and costs.

Construction Litigation

• Represents, and has represented, general contractors, subcontractors, school board and government authorities, homeowners' associations and homeowners in construction litigation.
• Successfully resolved claims for a Solid Waste Authority related to construction defects for a transfer station.
• Successfully resolved claims for a Sanitary Board related to delay and construction overages on a project.
• Successfully resolved a general contractor’s Miller Act claim concerning construction work perform for the Department of Veteran Affairs.
• Routinely prosecutes and defends claims arising from AIA, Consensus, and EJCDC construction documents.

Commercial Litigation

• Represents, and has represented, construction companies, banks, car dealerships, car manufacturers, hotel owners, retailers, and other businesses in commercial disputes.
• Obtained judgment for a bank on claims of fraudulent inducement and duress related to commercial guaranties.
• Managed and facilitated corporate divorce among shareholders of a small business.
• Obtained judgment for bank against an individual for breach of a commercial loan.
• Routinely prosecutes and defends claims arising from breach of contract, shareholder agreements and purchase agreements.
• Routinely defends banks and lenders against claims under the West Virginia Commercial Credit and Protection Act.

Extra-Contractual / Insurance Bad Faith

• Obtained summary judgment for insurer against insurer related to breach of contract, bad faith and violations of the UTPA concerning additional payments for dioxin contamination in their residence.

• Represents, and has represented, insureds and insurers related to claims for breach of the policy, violations of the UTPA and common law bad faith.
• Successfully resolved claims for insurer against insured on bad faith and coverage issues related to water damage in primary residence.
• Successfully dismissed claims for breach of contract and UTPA violations related to timeliness of insurance payments.
• Obtained dismissal of agent related to claim for damaged machinery and insurance coverage. 
• Obtained summary judgment for insured against insurer related to coverage for fire loss and wrongful use of pollution exclusion.
• Obtained successful declaratory judgment for insured on coverage obligations following a truck accident. 

Professional Licensing Disputes

• Represents, and has represented, medical professionals, lawyers, contractors, physical therapists, realtors, surveyors and appraisers before various state licensing boards on discipline matters.
• Obtained dismissal of false advertising allegations before the West Virginia Board of Surveyors.
• Obtained dismissal of an alleged violation of the Rules of Professional Conduct before the Lawyer Disciplinary.
• Defeated charges of a violation of Rule 8.4(c) before the Lawyer Disciplinary.
• Defended an industrial painting company before the Division of Labor, which resulted in the Division reducing the penalties by approximately $750,000.00.
• Successfully assisted a medical professional in removing licensing restrictions before the West Virginia Board of Medicine.

• Regularly provides pro bono representation to low-income individuals in landlord-tenant disputes.
• Student Limited Practice Attorney, S. Attorney’s Office, Northern District of Mississippi (2010)
• Student Intern, S. Attorney’s Office, Northern District of Georgia, Narcotics Division (2009)
• Crime Analyst, Greenville (SC) City Police Department (2008)

Representative Reported Cases

• Gue v. Nationwide, No. 3:21-023, 2021 WL 3576697 (S.D. W. Va. Aug. 12, 2021) (dismissal of plaintiff and certain claims in the complaint)
• Lemartec v. Entsorga W. Va., No. 3:18-cv-22, 2020 WL 3405755 (N.D. W. Va. June 19, 2020) (granting summary judgment in favor of general contractor on claims for fraudulent lien and slander of title)
• Old White Charities, v. Bankers Ins., LLC, 799 F. App’x 176 (4th Cir. 2020) (upholding district court’s award of summary judgment in favor of insurer on hole in one contest coverage dispute)
• State ex Biafore v. Tomblin, 782 S.E.2d 223 (W. Va. 2016) (governor required to use list submitted by Republicans to replace departing senator who switched parties)
• Lambert Nationwide Mut. Ins. Co., No. 5:16-cv-06160, 2017 WL 320926 (S.D. W. Va. Jan. 20, 2017) (declaratory judgment of no coverage)
• Blevins Nationwide Gen. Ins. Co., No. 2:17-cv-03692, 2017 WL 6626330 (S.D. W. VA. Dec. 28, 2017) (dismissal of breach of contract and certain bad faith claims)

• Recognized as a Rising Star by Super Lawyers (Business Litigation), 2017-2019, 2021-present
• Recipient of the University of Mississippi School of Law Outstanding Student Awards for: Criminal Procedure II, Commercial Paper, Individual Income Taxation and White Collar Crime
• Criminal Law Concentration from the University of Mississippi School of Law with honors
• Senior Gilpatrick History Scholarship recipient from Furman University
• 3-time SoCon Academic Honor Roll and 2-time Academic Medal recipient

• Active member of the Basilica of the Co-Cathedral of the Sacred Heart
• Legal Aid of West Virginia