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DAVIS v. ROBERTSON

Case No. CC941.

332 S.E.2d 819 (1985)

Wanda Sue DAVIS v. Robert J. ROBERTSON and Jack Davis.

Supreme Court of Appeals of West Virginia.

Decided April 22, 1985.

Attorney(s) appearing for the Case

Menis E. Ketchum, Greene, Ketchum, Bailey & Tweel, Huntington, Monty L. Preiser, Laurie J. Garrigan, Preiser & Wilson, Charleston, for plaintiff.

James D. McQueen, Huntington, for respondents.

Richard Conley; Lawrence J. Lewis, Vinson, Meek, Lewis & Pettit, Huntington, for State Farm.

G. Charles Hughes, Moundsville, amicus curiae, for The Association of Trial Lawyers of America.

MILLER, Justice:

The principal issue in this certified case is whether a plaintiff may bring a direct action against an insurance company without first obtaining a judgment against the insured. The Circuit Court of Wayne County certified two questions:

"1. Is a liability insurance carrier who insures a defendant in a civil action a real party in interest and an indispensable party in a civil action and properly includable as a defendant in a civil action...

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