7 West Virginia opinions name it 1 courts 1994–2010 0 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hamric v. Doegreen2 sentences2002Vol.2000). [3] Dalton was issued on June 16, 2000. [4] See supra note 2. [5] As a corollary to this holding, we announced in syllabus point four of Hamric that [t]he "but for" test is satisfied and the uninsured motorist claim can go forward only if the injured insured presents independent third-party testimony by disinterested individuals which clearly shows the negligence of an unidentified vehicle was a proximate cause of the accident. 201 W.Va. at 616 , 499 S.E.2d at 620 . [6] Those six factors are as follows: First, the nature of the substantive issue overruled must be determined. 2002Vol.2000). [3] Dalton was issued on June 16, 2000. [4] See supra note 2. [5] As a corollary to this holding, we announced in syllabus point four of Hamric that [t]he "but for" test is satisfied and the uninsured motorist claim can go forward only if the injured insured presents independent third-party testimony by disinterested individuals which clearly shows the negligence of an unidentified vehicle was a proximate cause of the accident. 201 W.Va. at 616 , 499 S.E.2d at 620 . [6] Those six factors are as follows: First, the nature of the substantive issue overruled must be determined. | 1 | 3 |
Perkins v. Doegreen2 sentences1997This Court concluded the law of Virginia applied and that “no public policy or legal doctrine operate[d] to bar the-Perkins’ claim on the uninsured motorist endorsement.” Perkins, 177 W.Va. at 87 , 350 S.E.2d at 715 (footnote omitted). 1997This Court concluded the law of Virginia applied and that “no public policy or legal doctrine operate[d] to bar the-Perkins’ claim on the uninsured motorist endorsement.” Perkins, 177 W.Va. at 87 , 350 S.E.2d at 715 (footnote omitted). | 1 | 1 |
Bell v. State Farm Mut. Auto. Ins. Co.green1 sentence1997Within this required uninsured motorist coverage there are no distinctions with regard to an owned but not insured motor vehicle, as the coverage applies to the use or occupancy of “a motor vehicle or otherwise.” 157 W.Va. at 626-27 , 207 S.E.2d at 149-50 (emphasis to “uninsured” added). | 1 | 1 |
State Farm Mutual Automobile Insurance v. Webbgreen2 sentences1994See also State Farm Mutual Automobile Insurance Company v. Webb, 54 Ohio St.3d 61, 64-65 , 562 N.E.2d 132, 135 (Ohio 1990), in which the Supreme Court of Ohio reviewed the proper construction to be given to the phrase "legally entitled to recover” and concluded that "[a]n insurer is not liable to its insured on an uninsured motorist claim where the claim arises from an accident in which the tortfeasor-motorist causing the insured’s injuries has liability insurance but is immune pursuant to the statutory fellow-employee doctrine, because the insured is not legally entitled to a recovery from th 1994See also State Farm Mutual Automobile Insurance Company v. Webb, 54 Ohio St.3d 61, 64-65 , 562 N.E.2d 132, 135 (Ohio 1990), in which the Supreme Court of Ohio reviewed the proper construction to be given to the phrase "legally entitled to recover” and concluded that "[a]n insurer is not liable to its insured on an uninsured motorist claim where the claim arises from an accident in which the tortfeasor-motorist causing the insured’s injuries has liability insurance but is immune pursuant to the statutory fellow-employee doctrine, because the insured is not legally entitled to a recovery from th | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
A.T. v. State Farm Mutual Automobile Insurance Co.
neutral
1 sentence2010In A.T. v. State Farm Mutual Automobile Insurance Company, 989 P.2d 219 (Colo.App.1999), State Farm obtained medical information about a psychological disorder of one of its insured’s, A.T., during arbitration to settle an uninsured motorist claim. | 1 | 2010–2010 |
Bell v. State Farm Mutual Automobile Insurance
green
1 sentence1997Within this required uninsured motorist coverage there are no distinctions with regard to an owned but not insured motor vehicle, as the coverage applies to the use or occupancy of “a motor vehicle or otherwise.” 157 W.Va. at 626-27 , 207 S.E.2d at 149-50 (emphasis to “uninsured” added). | 1 | 1997–1997 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.