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STATE FARM MUT. AUTO. INS. CO. v. AGRIPPE

No. 22018.

445 S.E.2d 171 (1994)

191 W.Va. 230

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Plaintiff, v. George D. AGRIPPE and Chris Agrippe, individually, both as the natural parents and Next of Friends of George Sean Agrippe, Denise Agrippe Boggs, Christine Agrippe Shirkey, Michael W. Lanham, and Susan Suter, Defendants. DAIRYLAND INSURANCE COMPANY, Plaintiff, v. Michael W. LANHAM, George D. Agrippe and Chris Agrippe, individually, both as the natural parents and next friend of George Sean Agrippe, Denise Agrippe Boggs, and Christy Agrippe Shirkey, Defendants.

Supreme Court of Appeals of West Virginia.

Decided May 19, 1994.

Attorney(s) appearing for the Case

Anita R. Casey, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, for Dairyland Ins. Co.

Rocco S. Fucillo, Wilson, Fucillo & Shields, L.C., Fairmont, for the Agrippes.

NEELY, Justice:

In this case we consider two certified questions that arose from a motion for summary judgment made by Dairyland Insurance Company ["Dairyland"]. The questions certified pursuant to W.Va.Code 58-5-2 [1967] by the Circuit Court of Harrison County concern the duty of an uninsured motorist carrier to pay interest over and above the liability limits of the policy.

The facts of this case are undisputed. On 25 March 1990, George Sean Agrippe...

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