[Download] "Allstate Insurance Company v. State" by Supreme Court of Appeals of West Virginia ~ eBook PDF Kindle ePub Free
eBook details
- Title: Allstate Insurance Company v. State
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 15, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1. We adopt the rule that when a pro-rata clause and an excess clause appear in the automobile liability policies of both
the driver and the owner of an automobile, the insurer of the owner is primarily liable and must bear the whole loss, within
the limits of the policy. 2. "Where a declaratory judgment action is filed to determine whether an insurer has a duty to defend its insured under its
policy, if the insurer is found to have such a duty, its insured is entitled to recover reasonable attorney's fees arising
from the declaratory judgment litigation." Syl. Pt. 2, Aetna Casualty and Surety Co. v. Pitrolo, W.Va. , 342 S.E.2d
156 (1986).