DAIRYLAND INS. CO. v. CONLEY

No. 32704.

624 S.E.2d 599 (2005)

218 W.Va. 252

DAIRYLAND INSURANCE COMPANY, Plaintiff Below, Appellee v. Stephanie Michelle CONLEY, Defendant/Third-Party Plaintiff Below, Appellee v. West Virginia National Auto Insurance Company, Third-Party Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 2, 2005.

Concurring Opinion of Chief Justice Albright December 16, 2005.


Attorney(s) appearing for the Case

James A. Varner, Sr., Debra T. Herron, Dana N. Bonnell, McNeer, Highland, McMunn and Varner, L.C., Clarksburg, for Appellant West Virginia National Auto Insurance Company.

Amy C. Crossan, Bouchillon, Crossan & Colburn, L.C., Huntington, for Appellee Stephanie Michelle Conley.


STARCHER, J.:

In this appeal from the Circuit Court of Cabell County, we are asked to review a circuit judge's summary judgment order, in favor of an insured, in an insurance declaratory judgment action.

This appeal centers on the validity of an insurance company notice, issued eleven days after its insured had been in an automobile collision, telling its insured that it was cancelling her automobile liability insurance...

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