Nadler v. Liberty Mutual Fire Insurance

MILLER, Justice:

This case involves a question certified to us by the United States Court of Appeals for the Fourth Circuit pursuant to W.Va. Code, 51-1A-1, et seq. 1 We are asked to decide whether the substantive law of Ohio or the substantive law of West Virginia is to be applied to determine the rights of the parties under a contract for underinsured motorist coverage.

I

This dispute arose out of an automobile accident which occurred on March 27, 1988, on U.S. Route 60 in Greenbrier County when a tractor-trailer owned by Benjamin Thomas, Sr., d/b/a Thomas Trucking Company, and operated by…