Carney v. Erie Ins. Co., Inc.

MILLER, Justice:

In this case we consider four certified questions which arose from a motion for summary judgment made by the defen dants, Erie Insurance Company and Small-wood-Small Insurance, Inc. (Erie). The questions certified by the trial court pursuant to W.Va.Code, 58-5-2 (1967), address the applicability of a certain exclusion clause contained within the medical payments insurance coverage endorsement included within an automobile liability insurance policy purchased by the plaintiff from Erie.

The undisputed facts of this case are as follows. 1 The plaintiff purchased automobile…