Legal Opinion

Cunningham v. Hill

West Virginia Supreme Court

Decided June 18, 2010No. 34861, 34862PublishedCited by 6 opinions

1Opinion of the Court

BENJAMIN, Justice:

These two consolidated matters are before the Court upon a certified question from the Circuit Court of Boone County. 1 The certified question is as follows:

When two insurers issue separate automobile liability insurance policies upon different vehicles containing underinsured motorist coverages which provide coverage for the same loss, is policy language which provides that the limits of underinsured motorist coverage available from all policies shall not exceed the liability limits of the policy with the highest limit of under-insured motorist coverage valid and…

2Cases cited20 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. State v. EpperlyWest Virginia Supreme Court · 1951
  3. Martin v. Randolph County Board of EducationWest Virginia Supreme Court · 1995
  4. Gallapoo v. Wal-Mart Stores, Inc.West Virginia Supreme Court · 1996
  5. Findley v. State Farm Mutual Automobile InsuranceWest Virginia Supreme Court · 2003

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3Cited by6 opinions

  1. State Farm Mutual Automobile Insurance v. SchatkenWest Virginia Supreme Court · 2012
  2. Jenkins v. City of ElkinsWest Virginia Supreme Court · 2012
  3. Liberty Mutual Insurance v. Patrick Morrisey, Attorney GeneralWest Virginia Supreme Court · 2014
  4. West Virginia Mutual Insurance v. VargasDistrict Court, N.D. West Virginia · 2013
  5. Danny J. Dobbins and Jackie L. Dobbins v. West Virginia National Auto Insurance CompanyWest Virginia Supreme Court · 2026

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