State ex rel. State Farm Mutual Automobile Insurance v. Canady

WORKMAN, Justice.

State Farm Mutual Automobile Insurance Company (“State Farm”) seeks to appear in its own name as the plaintiffs uninsurance carrier rather than to defend in the name of the uninsured motorist. In response to the trial court’s adverse ruling on this issue, State Farm seeks a writ of prohibition against The Honorable Herman G. Canady, Judge of the Circuit Court of Kanawha County. Based on our conclusion that West Virginia Code § 33-6-31(d) (Supp.1995) permits State Farm as the uninsurance carrier to appear and defend in its own name, we grant the requested writ of prohibition.

On…