MARSHALL v. SASEEN

No. 22038.

450 S.E.2d 791 (1994)

192 W.Va. 94

Robert Michael MARSHALL and Mary Lou Marshall, Plaintiffs Below, Appellees, v. Rosella S. SASEEN, Defendant Below, Appellee, Erie Insurance Company, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 2, 1994.


Attorney(s) appearing for the Case

Robert P. Fitzsimmons, Russell Jay Guthrie, Fitzsimmons Law Offices, Wheeling, and G. Charles Hughes, Moundsville, for appellees, Robert Michael Marshall and Mary Lou Marshall.

Michael G. Gallaway, Gerald G. Jacovetty, Jr., McDermott, Bonenberger, McDermott & Gallaway, and Louis J. John, John & John, Wheeling, for appellee, Rosella S. Saseen.

James D. Lamp, Robert E. Gifford, Lamp, O'Dell, Bartram & Ensminger, Huntington, and Thomas M. McCulloch, Wheeling, for appellant, Erie Ins. Co.


MILLER, Justice:1

At issue in this appeal is whether the plaintiffs (Marshalls) can recover damages in excess of the $100,000.00 underinsured motorist coverage in the policy issued the plaintiff by its insurance carrier, Erie Insurance Company (Erie).

I.

Mr. Marshall was injured in an automobile accident in January, 1989, when his vehicle was struck by a vehicle driven by Ms...

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