Legal Opinion

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

West Virginia Supreme Court

Decided October 7, 2013No. 12-0688PublishedCited by 19 opinions

1Opinion of the Court

WORKMAN, Justice:

The Circuit Court of Mason County, West Virginia has certified the following question to this Court relating to a civil action filed as a result of injuries sustained in an automobile accident:

Whether an insurance company’s failure to use the West Virginia Insurance Commissioner’s prescribed forms pursuant to W. Va.Code § 33-6-3M results in underinsured motorists coverage being added to the policy as a matter of law in the amount the insurer was required to offer or merely results in the loss of the statutory presumption and a reversion to the lower *162standards expressed in…

2Cases cited57 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  3. Chrystal R.M. v. Charlie A.L.West Virginia Supreme Court · 1995
  4. Japan Whaling Ass'n v. American Cetacean SocietySupreme Court of the United States · 1986
  5. Smith v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1975

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3Cited by19 opinions

  1. Patrick D. Leggett v. EQT Production Co.West Virginia Supreme Court · 2017
  2. United Services Automobile Assoc. v. Kimberly LucasWest Virginia Supreme Court · 2014
  3. SER State Farm Mutual Automobile Insurance v. Hon. Jeffrey D. Cramer, JudgeWest Virginia Supreme Court · 2016
  4. State Ex Rel. Miles v. West Virginia Board of Registered Professional NursesWest Virginia Supreme Court · 2015
  5. Lydick v. Erie Ins. Prop. & Cas. Co.United States District Court · 2019

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