Legal Opinion

Davis v. Robertson

West Virginia Supreme Court

Decided April 22, 1985No. Case CC941PublishedCited by 30 opinions

1Opinion of the Court

MILLER, Justice:

The principal issue in this certified case is whether a plaintiff may bring a direct action against an insurance company without first obtaining a judgment against the insured. The Circuit Court of Wayne County certified two questions:

“1. Is a liability insurance carrier who insures a defendant in a civil action a real party in interest and an indispensable party in a civil action and properly includable as a defendant in a civil action?
“2. When an uninsured motorist is made a defendant in a civil action and is covered by liability insurance under another motorist’s insurance…

2Cases cited60 opinions

  1. Shaffer v. HeitnerSupreme Court of the United States · 1977
  2. Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
  3. Oates v. Safeco Insurance Co. of AmericaSupreme Court of Missouri · 1979
  4. Shingleton v. BusseySupreme Court of Florida · 1969
  5. Jenkins v. J. C. Penney Casualty Ins.West Virginia Supreme Court · 1981

55 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Light v. Allstate InsuranceWest Virginia Supreme Court · 1998
  2. State Ex Rel. State Farm Fire & Casualty Co. v. MaddenWest Virginia Supreme Court · 1994
  3. Lee v. SaligaWest Virginia Supreme Court · 1988
  4. Marshall v. SaseenWest Virginia Supreme Court · 1994
  5. Perkins v. DoeWest Virginia Supreme Court · 1987

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