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NATIONWIDE MUT. INS. v. DAIRYLAND INS.

No. 22019.

445 S.E.2d 184 (1994)

191 W.Va. 243

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff Below, v. DAIRYLAND INSURANCE COMPANY, a corporation; and Sentry Claims Service, a corporation, Defendants Below.

Supreme Court of Appeals of West Virginia.

Decided May 20, 1994.

Attorney(s) appearing for the Case

John A. Hutchison, Charleston, for plaintiff.

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

MILLER, Justice:

This case involves several certified questions relating to whether an insurance carrier that pays its insured's medical payments under its policy may through the subrogation clause in its policy recover them from the liability carrier of the tortfeasor.

I.

Nationwide Mutual Insurance Company (Nationwide) insured Sharon Salyers, whose vehicle was struck by James Justice on June 29, 1987. Mr. Justice was insured by Dairyland Insurance...

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