Jenkins v. State Farm Mut. Auto. Ins. Co.
Case Details
- Judge(s)
- Starcher
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- summary judgment
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
State Farm prevailed on summary judgment. The court affirmed that exclusionary language in the insurance policy clearly limited the estate's underinsured motorist recovery to $25,000 from the vehicle policy rather than allowing recovery under the higher $100,000 limit from a separate household policy.
Excerpt
Syllabus by the Court 1. "A circuit court's entry of summary judgment is reviewed de novo." Syllabus Point 1, Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994). 2. "Determination of the proper coverage of an insurance contract when the facts are not in dispute is a question of law." Syllabus Point 1, Tennant v. Smallwood, 211 W.Va. 703, 568 S.E.2d 10 (2002). 3. "The interpretation of an insurance contract, including the question of whether the contract is ambiguous, is a legal determination *348that, like a lower court's grant of summary judgement, shall be reviewed de novo on appeal." Syllabus Point 2, Riffe v. Home Finders Associates., Inc., 205 W.Va. 216, 517 S.E.2d 313 (1999). 4. "`Language in an insurance policy should be given its plain, ordinary meaning.' Syl. Pt. 1, Soliva v. Shand, Morahan & Co., 176 W.Va. 430, 345 S.E.2d 33 (1986)." Syllabus Point 2, Russell v. State Automobile Mutual Insurance Co., 188 W.Va. 81, 422 S.E.2d 803 (1992).
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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