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ARA v. ERIE INS. CO.

No. 18485.

387 S.E.2d 320 (1989)

Drema Carole ARA v. ERIE INSURANCE COMPANY and Guy Amato Insurance Agency, Inc. and Drema C. ARA v. Ronald N. ROSE and Robert L. Rose.

Supreme Court of Appeals of West Virginia.

November 29, 1989.

Attorney(s) appearing for the Case

Ralph C. Young, Hamilton, Mooney, Burgess, Young & Tissue, Oak Hill, for Drema Carole Ara.

Robert A. Burnside, Beckley, for Erie Ins. and Ronald N. Rose.

Charles E. Hurt, Charleston, for Amato Ins.

WORKMAN, Justice:

This is a consolidated appeal of two civil actions arising from an automobile accident which involved an uninsured motorist. The issue before this Court on appeal is whether Erie Insurance Company ("Erie"), the insurance carrier, is estopped from relying on appellant Ara's failure to comply with the notice provision of the uninsured motorist statute, W.Va.Code § 33-6-31(d) (Supp.1989), when the carrier had affirmatively declared that Ara's coverage...

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