Postlethwait v. Boston Old Colony Insurance

MILLER, Justice:

In this appeal, we are asked to determine whether under our uninsured motorist statute, W.Va.Code, 33-6-31(d) (1988), an insured may sue his insurance carrier without obtaining a formal judgment against the tortfeasor.

The facts are not in substantial dispute. On April 15, 1989, the Postlethwaits were involved in an automobile accident in Maryland. The accident was caused by the negligence of a Mr. Nowlan. The Postleth-waits negotiated a settlement with Mr. Nowlan’s insurance carrier, Liberty Mutual Insurance Company, for the full amount of Mr. Nowlan’s liability policy. Prior…