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
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
- Oates v. Safeco Insurance Co. of AmericaSupreme Court of Missouri · 1979
- Shingleton v. BusseySupreme Court of Florida · 1969
- 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
- Light v. Allstate InsuranceWest Virginia Supreme Court · 1998
- State Ex Rel. State Farm Fire & Casualty Co. v. MaddenWest Virginia Supreme Court · 1994
- Lee v. SaligaWest Virginia Supreme Court · 1988
- Marshall v. SaseenWest Virginia Supreme Court · 1994
- Perkins v. DoeWest Virginia Supreme Court · 1987
25 more not listed; retrieve them via the Exa API.