Daniel W. Thomas v. William Ray McDermitt and State Farm Mutual Insurance

No. 12-0688 - Daniel W. Thomas, Angela Y. Thomas, individually, and Angela Y. Thomas, as mother and next friend of Luke D. Thomas, an infant v. William Ray McDermitt and State Farm Mutual Automobile Insurance Company FILED November 26, 2013 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Davis, Justice, dissenting: This case involves a simple, straightforward issue with a correspondingly simple, straightforward resolution. However, in rendering their decision in this case, the majority has failed to appreciate that an insurer’s loss of the statutory presumption provided by

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