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CASTLE v. WILLIAMSON

Nos. 22157 and 22158.

453 S.E.2d 624 (1994)

192 W.Va. 641

Teresa L. CASTLE and Leonard G. Castle, Jr., Plaintiffs Below, Appellants v. Terry WILLIAMSON and Sarah J. Williamson, Defendants and Third Party Plaintiffs Below, and Dairyland Insurance Company, Defendant Below, Appellee v. Tracy Lynn CASTLE, Third Party Defendant Below.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1994.

Attorney(s) appearing for the Case

David L. Stuart, Robin L. Godfrey, Charleston, for appellants.

Anita R. Casey, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, for appellee.

WORKMAN, Justice:

This case is before the Court upon the following certified questions posed by the Circuit Court of Kanawha County:

1. Whether underinsured motorist coverage, from the policy on the vehicle in which plaintiff was a guest passenger, is applicable where liability coverage under that same policy has previously been paid to plaintiff and where plaintiff thereafter commences a civil action alleging negligence against the second vehicle involved...

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