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

This case involves a simple, straightforward issue with a correspondingly simple, straightforward resolution. However, in rendering their decision in this case, the majority has failed to appreciate that an insurer’s loss of the statutory presumption provided by W. Va.Code § 33-6-31d (1993) (Repl.Vol. 2011) and a consequent reversion to the standards enunciated by this Court in Bias v. Nationwide Mutual Insurance Company, 179 W.Va. 125, 365 S.E.2d 789 (1987), should result in the provision of underinsured motorist coverage in this case.

The governing statute, W. Va.Code § 33-6-31d, makes clear…