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CUNNINGHAM v. HILL

Nos. 34861, 34862.

698 S.E.2d 944 (2010)

GUY R. CUNNINGHAM and Bridgett L. Cunningham, His Wife, Plaintiffs, v. Walter Lee HILL, an Individual; Erie Insurance Property and Casualty Company, a Pennsylvania Corporation; B. Michael Bentley, an Individual; Encompass Insurance Company of America, an Illinois Corporation; State Farm Mutual Automobile Insurance Company, an Illinois Corporation; and William Wilson, an Individual, Defendants.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2010.

Attorney(s) appearing for the Case

James D. Lamp , Julia A. Warren , Lamp, O'Dell, Bartram, Levy & Trautwein, Huntington, WV, for Defendant, Erie Insurance.

R. Carter Elkins , Laura L. Gray , Campbell Woods PLLC, Huntington, WV, for Defendant, State Farm.

Matthew M. Hatfield , Hatfield & Hatfield, Madison, WV, for Plaintiffs, Cunninghams.

Scott S. Blass , James B. Stoneking , Bordas & Bordas PLLC, Anthony I. Werner , Bachman, Hess, Bachman & Garden PLLC, Wheeling, WV, for Amicus Curiae West Virginia Association for Justice.

BENJAMIN, Justice:

These two consolidated matters are before the Court upon a certified question from the Circuit Court of Boone County.1 The certified question is as follows:

When two insurers issue separate automobile liability insurance policies upon different vehicles containing underinsured motorist coverages which provide coverage for the same loss, is policy language which provides...

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