Castle v. Williamson

WORKMAN, Justice:

This case is before the Court upon the following certified questions posed by the Circuit Court of Kanawha County:

1. Whether underinsured motorist coverage, from the policy on the vehicle in which plaintiff was a guest passenger, is applicable where liability coverage under that same policy has previously been paid to plaintiff and where plaintiff thereafter commences a civil action alleging negligence against the second vehicle involved in the accident and assuming that plaintiffs damages are in excess of both liability policy limits?

2. Does the failure to obtain the full…