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BIAS v. NATIONWIDE MUT. INS. CO.

No. CC 966.

365 S.E.2d 789 (1987)

Janice BIAS v. NATIONWIDE MUTUAL INSURANCE COMPANY. Nancy A. YOUNG and Royce N. Young v. AETNA LIFE AND CASUALTY COMPANY. Bonnie K. RAINEY and Henry T. Rainey v. UNITED STATES FIDELITY AND GUARANTY INS. UNDERWRITERS, INC. and Fidelity and Guaranty Insurance Company. Anoway SMITH v. FEDERAL KEMPER INSURANCE COMPANY.

Supreme Court of Appeals of West Virginia.

Opinion Concurring in Part and Dissenting in Part February 24, 1988.

Attorney(s) appearing for the Case

Sam R. Harshbarger, Milton, for plaintiffs.

John F. Wood, Jr., Huntington, for U.S. Fidelity & Guar., Aetna Life.

Edward M. Kowal, Jr., Huntington, for Nationwide Mut.

D.C. Offutt, Jr., Huntington, for Federal Kemper, Ins. Co.

Randall L. Trautwein, Huntington, for State Farm Mut. Auto.

McGRAW, Chief Justice:

This proceeding involves certified questions from the Circuit Court of Cabell County. Following a serious bus accident, some of the passengers filed lawsuits against the bus owner and his insurer, Nationwide Mutual Insurance Company. Several plaintiffs also named their own insurers as defendants, asserting coverage for uninsured and underinsured motorists. Nationwide established a $250,000.00 escrow account to cover its liability as the bus...

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