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ERIE INDEM. CO. v. KERNS

No. CC970.

367 S.E.2d 774 (1988)

ERIE INDEMNITY COMPANY v. Judith L. KERNS and Kelli Kerns.

Supreme Court of Appeals of West Virginia.

March 31, 1988.

Attorney(s) appearing for the Case

Roger D. Curry, Fairmont, for Judith Kerns.

G. Patrick Stanton, Jr., Stanton & Stanton, Fairmont, for Erie Indem. Co.

NEELY, Justice:

On 1 August 1981, sixteen year old Kelli Kerns lost control of the 1979 Dodge Omni she was driving when she attempted to roll up her window. The Omni ran off the road and struck a guard rail, seriously injuring her mother, Mrs. Judith Kerns-McGinnis, a passenger and owner of the car.1

Mrs. McGinnis had auto insurance provided by Erie Indemnity Company, which included total liability coverage and medical payment...

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