Patrick C. Timony

Patrick Timony is a litigation Partner in the Charleston, West Virginia office of Bowles Rice LLP and also serves as Assistant General Counsel to Bowles Rice.  Mr. Timony litigates a variety of different matters but primarily focuses his practice on: (1) commercial litigation; (2) construction litigation; (3) insurance bad faith; and (4) professional licenses disputes.  He has significant federal and state first chair trial experience and a robust appellate practice in both West Virginia and the Fourth Circuit Court of Appeals.  In addition to his trial and appellate experience, Mr. Timony has successfully authored numerous dispositive motions and motions to dismiss.  Anything that needs to be done to successfully litigate, Mr. Timony can and will do.

Mr. Timony understands that each case and client is unique and works to tailor any plan to achieve the client’s goal in the most cost effective and efficient manner.  Unlike some counsel, Mr. Timony prides himself in maintaining positive relationships with his opposing counsel and the court to maximize the effectiveness of his advocacy.  Mr. Timony has successfully represented low-income individuals, physicians, lawyers, small business owners and Fortune 500 companies in achieving each client’s individual objective.  Below, Mr. Timony has identified some of his client’s successes:

Trial Experience

• Successfully prosecuted an insurance contract claim dispute that resulted in a judgment award to the client of over 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 allegedly rendered the plaintiff police officer permanently disabled.
• 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 pole barn on the insured’s property following a fire.
• Successfully prosecuted a homeowners’ trespass claims against 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
• Successfully resolved multiple construction dispute claims against contractors, architects and suppliers for various Board of Education concerning the construction of new schools throughout West Virginia.
• Successfully resolved claims for a Solid Waste Authority related to construction defects in a recently build transfer stations.
• 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.
• Successfully resolved claims from several homeowners involving latent defects in their primary residences.
• 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
• Routinely defends banks and lenders against claims under the West Virginia Commercial Credit and Protection Act.

Extra-Contractual / Insurance Bad Faith

• Represents, and has represented, insureds and insuers 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.
• Successfully dismissed agents and adjusters as nominal parties to invoke federal jurisdiction over
• Obtained summary judgment for insured against insurer related to coverage for fire loss and wrongful use of pollution exclusion.

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
• Obtained dismissal of violation of the Rules of Professional Conduct before the Lawyer Disciplinary
• Defeated charges on 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 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
• 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

• 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)
• Keyser House Bonds, LLC Keyserhouse Assocs. LTD P’ship, 12-1505, 2014 WL 620480 (W. Va. Feb. 14, 2014) (memorandum decision) (rights of bondholders following failure of debtor to pay on maturity)

• Recognized as a Rising Star by Super Lawyers (Business Litigation), 2017-19, 2021-2023
• 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