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· 7/20/1990

State Automobile Mutual Insurance v. Youler

Citations

  • 396 S.E.2d 737
  • 183 W. Va. 556
  • 1990 W. Va. LEXIS 142

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that Mrs. Youler purchased two policies with uninsured motorist coverage and that no issue was raised comparing the premium costs of the two policies to such costs if one policy had been issued
  • noting the distinction between liability insurance anti- stacking language and underinsured motorist coverage anti-stacking language and referencing W. Va. Code § 33–6–31(b)
  • stating purpose of W. Va.Code § 33-6-31 is “that the injured person be fully compensated for his or her damages, not compensated by a negligent tortfeasor, up to the limits of the uninsured or underinsured motorist coverage”
  • finding antistacking language void for public policy arising from motor vehicle insurance statute
  • This Court rejected a similar argument that a 1988 amendment to W.Va. Code, 33-6-31(b) was a change in the law rather than a clarification of existing law
  • This Court rejected a similar argument that a 1988 amendment to W.Va. Code, 33 — 6—31(b) was a change in the law rather than a clarification of existing law

Source: CourtListener parenthetical corpus (CC0).

Judges: McHUGH

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.