John Doe, an unknown driver v. Hasil Pak

Chief Justice KETCHUM:

The respondent, Ms. Hasil Pak, was injured in a car wreck caused by an unknown, hit-and-run driver. Ms. Pak filed an uninsured motorist suit against the unknown driver, “John Doe,” seeking damages for her injuries. Her uninsured motorists’ insurance earner was the petitioner, State Farm, who defended the lawsuit.1

Before trial, State Farm advanced Ms. Pak $30,628.16, on her damages. After a jury returned a verdict for Ms. Pak, the Circuit Court of Monongalia County entered a judgment order on December 4, 2014, refusing State Farm any credit against the final judgment for…