DAIRYLAND INS. CO. v. FOX

No. 28481.

550 S.E.2d 388 (2001)

209 W.Va. 598

DAIRYLAND INSURANCE CO., Plaintiff below, v. Joyce FOX, Administratrix of the Estate of Ivan Fox, Jr.; the Estate of Anthony Adkins; the Estate of Stephen Adkins; William Haga and Stephen Lowry, Defendants below, The Estate of Anthony Adkins, Defendant below, Appellee, State Farm Mutual Automobile Insurance Company, Intervenor below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 28, 2001.

Dissenting Opinion of Justice Starcher July 10, 2001.


Attorney(s) appearing for the Case

Catherine D. Munster, Esq., Tiffany R. Durst, Esq., McNeer, Highland, McMunn & Varner, L.C., Clarksburg, West Virginia, Attorneys for Appellant State Farm Mutual Automobile Insurance Company.

Frank P. Bush, Jr., Esq., Bush & Bush, Elkins, West Virginia, Attorney for the Estate of Anthony Adkins.


PER CURIAM.

In this appeal from the Circuit Court of Summers County, we are asked to determine the enforceability of an exclusion prohibiting the "stacking" of underinsured motorist coverage in two separate insurance policies issued by an insurance company upon two vehicles. The circuit court concluded that because the insurance company issued two separate policies to the policyholders, such an exclusion could not be enforced...

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