[DOWNLOAD] "Allstate Insurance Company v. State" by Supreme Court of Appeals of West Virginia ~ Book PDF Kindle ePub Free

January 30, 2021

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).