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HENSLEY v. ERIE INS. CO.

No. CC917.

283 S.E.2d 227 (1981)

Sandra Lee HENSLEY, et al. v. The ERIE INSURANCE CO.

Supreme Court of Appeals of West Virginia.

October 20, 1981.

Attorney(s) appearing for the Case

Ralph C. Dusic, Jr., Charleston, for plaintiffs.

Andrew J. Goodwin, Charleston, for defendants.

MILLER, Justice:

This certified question comes from the Circuit Court of Kanawha County. We are asked to decide whether "[i]n an action to recover excess judgments over the insurance coverage available ... the plaintiffs [may] recover punitive damages awarded against the insured in the original action." The certified question assumes the right of an injured plaintiff to bring an excess suit against the defendant's insurance...

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