SOLIVA v. SHAND, MORAHAN & CO., INC.

No. CC957.

345 S.E.2d 33 (1986)

Alfredo R. SOLIVA, M.D. v. SHAND, MORAHAN & CO., INC., etc., et al.

Supreme Court of Appeals of West Virginia.

June 11, 1986.


Attorney(s) appearing for the Case

Paul E. Pinson, Williamson, W.T. Shaffer, Gale R. Lea, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Graham Smith, Jr., J. Brooks Lawson, Jr., Williamson, for appellants.

H. Truman Chafin, Williamson, for appellee.


BROTHERTON, Justice:

This is a certified question from the Circuit Court of Mingo County which asks this Court whether a medical malpractice insurance company is required to defend and pay a judgment on a claims-made policy where a claim was made against the insured more than a year after the policy had expired. The Circuit Court answered this question in the affirmative. We reach the opposite conclusion for the reasons set out below.

On May 25, 1980, Dr....

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