Christian v. Sizemore

MILLER, Justice:

This appeal involves the question of whether a plaintiff in a personal injury action may amend the complaint to add a count for declaratory judgment against an insurance carrier to determine its liability under the defendant’s insurance policy. We conclude that such an amendment is within the contemplation of Rule 15(a) of the West Virginia Rules of Civil Procedure and of the Uniform Declaratory Judgments Act, W.Va.Code, 55-13-1, et seq.

In December, 1986, the plaintiff, Willetta Dawn Christian, brought an action for damages in the Circuit Court of McDowell County against…