Cross v. State Farm Mutual Automobile Insurance

McHUGH, Justice:

This case is before this Court upon certified questions from the United States Court of Appeals for the Fourth Circuit, pursuant to W.Va.Code, 51-1A-1 to 51-1A-12 [1976], the Uniform Certification of Questions of Law Act. 1 The two questions involve the Dead Man’s Statute, W.Va. Code, 57-3-1 [1937]. While we conclude that the Dead Man’s Statute applies to the declaratory judgment action of the executrix against the insurer, we also conclude that the Dead Man’s Statute does not bar the testimony in question.

I

The plaintiff, Katherine L. Cross, the executrix of the estate of the…