STATE EX REL. ALLSTATE INS. CO. v. KARL

No. 21818.

437 S.E.2d 749 (1993)

190 W.Va. 176

STATE of West Virginia ex rel. ALLSTATE INSURANCE COMPANY, A Corporation, Relator, v. Honorable Mark A. KARL, Judge of the Circuit Court of Marshall County; Jamie Lynn Brooks; James E. Brooks; and Naomi Carr, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 29, 1993.


Attorney(s) appearing for the Case

Walter M. Jones, III, Paul B. Weiss, Martin & Seibert, Martinsburg, for relator.

Larry W. Blalock, Lucinda L. Fluharty, Jackson & Kelly, New Martinsville, for respondents Jamie Lynn Brooks and James E. Brooks.

Robert P. Fitzsimmons, Fitzsimmons & Associates, Wheeling, G. Charles Hughes, Moundsville, for respondent Naomi Carr.


MILLER, Justice:

We granted this original proceeding in prohibition in order to resolve certain procedural issues with regard to uninsured and underinsured motorist coverage. The basic facts are not in dispute, and the case involves critical legal questions that will substantially impact the underlying civil litigation. Thus, the issues fall within the prohibition standard set out in Syllabus Point 1 of Hinkle v. Black...

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