Hensley v. Erie Insurance Co.

Miller, Justice:

This certified question comes from the Circuit Court of Kanawha County. We are asked to decide whether “[i]n an action to recover excess judgments over the insurance coverage available ... the plaintiffs [may] recover punitive damages awarded against the insured in the original action.” The certified question assumes the right of an injured plaintiff to bring an excess suit against the defendant’s insurance carrier. The trial court held that payment by the insurance company of the punitive damages awarded against the insured was improper as it violated the public policy which…