Legal Opinion

Buckhannon-Upshur County Airport Authority v. R & R Coal Contracting, Inc.

West Virginia Supreme Court

Decided December 17, 1991No. 20211PublishedCited by 26 opinions

1Opinion of the Court

WORKMAN, Justice:

This case is before the Court upon a January 28, 1991, order of the Circuit Court of Upshur County which certified six questions to this Court. 1 The lower court answered each of the certified questions in the affirmative. We decline to address the certified questions as formulated since they are largely redundant. 2 The question which must be addressed is whether a liability insurer is liable, on behalf of its insured, to a third-party claimant for prejudgment and/or presettlement interest, in excess of those proceeds of insurance which are subject to the limits of liability…

2Cases cited25 opinions

  1. Guin v. HaAlaska Supreme Court · 1979
  2. National Mutual Insurance v. McMahon & Sons, Inc.West Virginia Supreme Court · 1987
  3. Keffer v. Prudential Insurance Company of AmericaWest Virginia Supreme Court · 1970
  4. Soliva v. Shand, Morahan & Co., Inc.West Virginia Supreme Court · 1986
  5. Sanders v. Roselawn Memorial Gardens, Inc.West Virginia Supreme Court · 1968

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3Cited by26 opinions

  1. Lakin v. Watkins Associated IndustriesCalifornia Supreme Court · 1993
  2. Wilt v. BurackerWest Virginia Supreme Court · 1994
  3. Potesta v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1998
  4. Robinson v. PackWest Virginia Supreme Court · 2009
  5. Gribben v. KirkWest Virginia Supreme Court · 1995

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