Legal Opinion

Pristavec v. Westfield Insurance

West Virginia Supreme Court

Decided December 14, 1990No. 19688PublishedCited by 55 opinions

1Opinion of the Court

*333McHUGH, Justice:

This case presents the precise question which was not presented to this Court in State Automobile Mutual Insurance Co. v. Youler, 183 W.Va. 556, 396 S.E.2d 737 (1990), specifically, whether, for purposes of underinsured motorist coverage, the extent of such coverage (up to policy limits) is calculated by a subtraction of the amount of the tortfeasor’s liability insurance actually available to the injured person in question from the amount of the injured person’s damages, when the amount of the tortfeasor’s liability insurance actually available to the injured person in…

2Cases cited20 opinions

  1. American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
  2. Reed v. the YakaSupreme Court of the United States · 1963
  3. California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
  4. Bryant v. YellenSupreme Court of the United States · 1980
  5. Click v. ClickWest Virginia Supreme Court · 1925

15 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Ronald W. Dowell, Administrator of the Estate of Jackie Lynn Dowell, Deceased v. State Farm Fire and Casualty Automobile Insurance CompanyCourt of Appeals for the Fourth Circuit · 1993
  2. Kessel v. LeavittWest Virginia Supreme Court · 1998
  3. DeVane v. KennedyWest Virginia Supreme Court · 1999
  4. Bullman v. D & R LUMBER CO.West Virginia Supreme Court · 1995
  5. Miller v. FluhartyWest Virginia Supreme Court · 1997

50 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API