BOWYER BY BOWYER v. THOMAS

No. 20730.

423 S.E.2d 906 (1992)

188 W.Va. 297

William Robert BOWYER, By His Next Friend, Ida Bowyer; and Ida Bowyer, Plaintiffs Below, Appellants, v. David THOMAS; McDonough Caperton Shepherd Group, Inc.; and the Aetna Casualty & Surety Company, Defendants Below, Aetna Casualty & Surety Company, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 13, 1992.


Attorney(s) appearing for the Case

Ralph C. Young, Hamilton, Burgess, Young, Tissue & Pollard, Oak Hill, for appellants.

R. Ford Francis, Jay W. Craig, Shuman, Annand & Poe, Charleston, for appellee.


MILLER, Justice:

In this appeal of a declaratory judgment action, we consider the scope of an insured's duty to cooperate with his insurer under an automobile liability policy. In the instant case, we find that the insurer failed to prove that its insured did not cooperate as required by the terms of his insurance policy.

I.

On August 13, 1981, the insured, David Thomas, and William Bowyer, age 15, were...

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