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Findley v. State Farm Mutual Automobile Ins.

Date: 12-06-2002

Case Number: 30842

Judge: Davis

Court: In the Supreme Court of Appeals of West Virginia

Plaintiff's Attorney: "_new">J. Michael Benninger, Esq., "_new">Paul T. Farrell, Jr., Esq., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, West Virginia, "_new">James M. Pietz, Esq., Malakoff, Doyle & Finberg, P.C., Pittsburgh, Pennsylvania, Attorneys for the Appellant.

Defendant's Attorney: Catherine D. Munster, Esq., "_new">James A. Varner, Sr., Esq., "_new">Debra Tedeschi Herron, Esq., McNeer, Highland, McMunn
and Varner, L.C., Clarksburg, West Virginia,
Attorneys for the Appellee.

"_new">Clarence E. Martin, III, Esq., "_new">Susan R. Snowden, Esq., "_new">Ronald S. Rossi, Esq., Martin & Seibert, L.C., Martinsburg, West Virginia, Attorneys for the Intervenor.

"_new">Mary E. Alexander, Esq., President, "_new">Jeffrey R. White, Esq., Counsel, The Association of Trial Lawyers of America, Washington, District of Columbia.

"_new">William L. Frame, Esq., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, West Virginia, Attorneys for Amicus Curiae, The Association of Trial Lawyers
of America.

"_new">J. Michael Weber, Esq., "_new">Dean A. Furner, Esq., Spilman Thomas & Battle, PLLC, Parkersbug, West Virginia, Attorneys for Amici Curiae, West Virginia Insurance Federation,
West Virginia Chamber of Commerce, West Virginia Manufacturers Association, West Virginia Business and Industry Council, West Virginia Bankers Association, Builders Supply Association of West Virginia, West Virginia Association of Insurance and Financial Advisors, West Virginia Automobile and Truck Dealers Association, and The Professional Independent Insurance Agents of West Virginia,

"_new">Bert Ketchum, Esq., Greene Ketchum Bailey & Tweel, Huntington, West Virginia, Attorney for Amicus Curiae, West Virginia Trial Lawyers Association.

Description:

The facts upon which this proceeding is based were found by the circuit court as follows. On March 18, 2000, Ms. Findley was riding as a passenger in a 1987 Chevrolet Cavalier, which she jointly owned with her estranged husband John Findley (See footnote 2) [hereinafter referred to as "Mr. Findley"] and of which she had been given exclusive use. (See footnote 3) At the time of the single car accident, Rusty Hyde, who did not own an automobile and thus had no motor vehicle insurance, was driving the Cavalier with Ms. Findley's permission. Ms. Findley was injured as a result of this accident, and recovered under the $50,000 liability provisions of Mr. Findley's State Farm policy insuring said vehicle. (See footnote 4)

When these coverage limits proved to be insufficient to fully recompense her injuries, Ms. Findley attempted to also collect under the UIM provisions of this policy, as well as under the UIM provisions of two other policies of motor vehicle insurance held by Mr. Findley, (See footnote 5) all of which coverage was denied by State Farm. In support of its denial of coverage, State Farm relied upon the policy definitions of UIM coverage and underinsured motor vehicle. Pursuant to this policy, "underinsured motorist coverage" is described as follows:

[w]e will pay for damages for bodily injury and property damage an insured is legally entitled to collect from the owner or driver of an underinsured motor vehicle. The bodily injury or property damage must be caused by accident arising out of the operation, maintenance, or use of an underinsured motor vehicle.

* * *

Click the case caption above for the
full text of the Court's opinion.

Outcome:

In summary, we conclude that (1) the language of W. Va. Code §§ 33-6-30(b- c) (2002) (Supp. 2002) does not apply retroactively; (2) Ms. Findley cannot assert a claim for relief pursuant to Mitchell v. Broadnax, 208 W. Va. 36, 537 S.E.2d 882 (2000); (3) the anti-stacking exclusions contained in the State Farm policy of motor vehicle insurance at issue herein are valid and enforceable; and (4) Ms. Findley is not entitled to summary judgment. Accordingly, the August 1, 2002, order of the Circuit Court of Barbour County is hereby affirmed.

Affirmed for the Defendant.

Plaintiff's Experts:

Unavailable

Defendant's Experts:

Unavailable

Comments:

C.L.

About This Case

What was the outcome of Findley v. State Farm Mutual Automobile Ins.?

The outcome was: In summary, we conclude that (1) the language of W. Va. Code §§ 33-6-30(b- c) (2002) (Supp. 2002) does not apply retroactively; (2) Ms. Findley cannot assert a claim for relief pursuant to Mitchell v. Broadnax, 208 W. Va. 36, 537 S.E.2d 882 (2000); (3) the anti-stacking exclusions contained in the State Farm policy of motor vehicle insurance at issue herein are valid and enforceable; and (4) Ms. Findley is not entitled to summary judgment. Accordingly, the August 1, 2002, order of the Circuit Court of Barbour County is hereby affirmed. Affirmed for the Defendant.

Which court heard Findley v. State Farm Mutual Automobile Ins.?

This case was heard in In the Supreme Court of Appeals of West Virginia, WV. The presiding judge was Davis.

Who were the attorneys in Findley v. State Farm Mutual Automobile Ins.?

Plaintiff's attorney: J. Michael Benninger, Esq., Paul T. Farrell, Jr., Esq., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, West Virginia, James M. Pietz, Esq., Malakoff, Doyle & Finberg, P.C., Pittsburgh, Pennsylvania, Attorneys for the Appellant.. Defendant's attorney: Catherine D. Munster, Esq., James A. Varner, Sr., Esq., Debra Tedeschi Herron, Esq., McNeer, Highland, McMunn and Varner, L.C., Clarksburg, West Virginia, Attorneys for the Appellee. Clarence E. Martin, III, Esq., Susan R. Snowden, Esq., Ronald S. Rossi, Esq., Martin & Seibert, L.C., Martinsburg, West Virginia, Attorneys for the Intervenor. Mary E. Alexander, Esq., President, Jeffrey R. White, Esq., Counsel, The Association of Trial Lawyers of America, Washington, District of Columbia. William L. Frame, Esq., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, West Virginia, Attorneys for Amicus Curiae, The Association of Trial Lawyers of America. J. Michael Weber, Esq., Dean A. Furner, Esq., Spilman Thomas & Battle, PLLC, Parkersbug, West Virginia, Attorneys for Amici Curiae, West Virginia Insurance Federation, West Virginia Chamber of Commerce, West Virginia Manufacturers Association, West Virginia Business and Industry Council, West Virginia Bankers Association, Builders Supply Association of West Virginia, West Virginia Association of Insurance and Financial Advisors, West Virginia Automobile and Truck Dealers Association, and The Professional Independent Insurance Agents of West Virginia, Bert Ketchum, Esq., Greene Ketchum Bailey & Tweel, Huntington, West Virginia, Attorney for Amicus Curiae, West Virginia Trial Lawyers Association..

When was Findley v. State Farm Mutual Automobile Ins. decided?

This case was decided on December 6, 2002.