GIBSON v. NORTHFIELD INS. CO.

No. 32690.

631 S.E.2d 598 (2005)

219 W.Va. 40

Lillian GIBSON, Administratrix of the Estate of Angela Dawn Huffman Anderson, Petitioner Below, Appellant v. NORTHFIELD INSURANCE COMPANY, et al., Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 2, 2005.


Attorney(s) appearing for the Case

Margaret L. Workman, Esq., Charleston, Attorney for Appellant.

Michael J. Farrell, Esq., Robert L. Hogan, Esq., Farrell, Farrell & Farrell, Huntington, Attorneys for Appellees.


STARCHER, J.:

In this appeal from the Circuit Court of Kanawha County, we are asked to examine a "defense within limits" provision in an automobile liability insurance policy purchased by the City of Charleston. In a typical liability insurance policy, the insured receives indemnification up to the policy limits under one portion of the policy, and an unfettered defense against claims in another portion of the policy. But in a defense within limits policy, all costs...

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