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THOMAS v. McDERMITT

No. 12-0688.

751 S.E.2d 264 (2013)

Daniel W. THOMAS, Angela Y. Thomas, individually and Angela Y. Thomas, as mother and next friend of Luke D. Thomas, an infant, Petitioners v. William Ray McDERMITT and State Farm Mutual Automobile Insurance Company, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 7, 2013.

Dissenting Opinion of Justice Davis November 26, 2013.

Attorney(s) appearing for the Case

Brent K. Kesner, Esq. , Kesner & Kesner, PLLC, Charleston, WV, Anthony J. Majestro, Esq. , Powell & Majestro, PLLC, Charleston, WV, for Petitioners.

R. Carter Elkins, Esq. , Campbell Woods, PLLC, Huntington, WV, for Respondents.

Andrew R. Pauley, Esq. , Office of the West Virginia Insurance Commissioner, Charleston, WV, for Amicus Curiae.

Michael D. Riley , West Virginia Insurance Commissioner, Jill C. Rice, Esq. , Mychal S. Schulz, Esq. , Dinsmore & Shohl, LLP, Charleston, WV, for Amicus Curiae West Virginia Insurance Federation.

WORKMAN, Justice:

The Circuit Court of Mason County, West Virginia has certified the following question to this Court relating to a civil action filed as a result of injuries sustained in an automobile accident:

Whether an insurance company's failure to use the West Virginia Insurance Commissioner's prescribed forms pursuant to W. Va.Code § 33-6-31d results in underinsured motorists coverage being added to the policy as a matter of law in the amount...

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