Bowyer ex rel. Bowyer v. Thomas

MILLER, Justice:

In this appeal of a declaratory judgment action, we consider the scope of an insured’s duty to cooperate with his insurer under an automobile liability policy. In the instant case, we find that the insurer failed to prove that its insured did not cooperate as required by the terms of his insurance policy.

*299I.

On August 13, 1981, the insured, David Thomas, and William Bowyer, age 15, were involved in a single ear accident near Oak Hill in Payette County, West Virginia. The insured was only slightly injured, but William Bowyer’s injuries were extensive. Mr. Thomas was insured under…