Surbaugh v. Stonewall Cas. Co., No. 14792
| Court | Supreme Court of West Virginia |
| Writing for the Court | PER CURIAM |
| Citation | 283 S.E.2d 859,168 W.Va. 208 |
| Parties | Chester E. SURBAUGH v. STONEWALL CASUALTY COMPANY. |
| Docket Number | No. 14792 |
| Decision Date | 03 November 1981 |
Page 859
v.
STONEWALL CASUALTY COMPANY.
Page 860
Syllabus by the Court
1. "Whenever the language of an insurance policy provision is reasonably susceptible of two different meanings or is of such doubtful meaning that reasonable minds might be uncertain or disagree as to its meaning, it is ambiguous." Syllabus point 1, Prete v. Merchants Property Ins. Co. of Ind., W.Va., 223 S.E.2d 441 (1976).
2. "Ambiguous and irreconcilable provisions of an insurance policy should be construed strictly against the insurer and liberally in favor of the insured, although such construction should not be unreasonably applied to contravene the object and plain intent of [168 W.Va. 209] the parties." Syllabus point 2, Marson Coal Co. v. Ins. Co. of State of Pa., W.Va., 210 S.E.2d 747 (1974).
Lynch, Mann & Knapp and G. Berk Lynch, Beckley, for appellant.
Ragland & Ragland and Ned H. Ragland, Jr., Beckley, for appellee.
PER CURIAM:
This is an appeal by the Stonewall Casualty Company from an order of the Circuit Court of Raleigh County denying the company's motion for a new trial in an automobile accident case. The only question presented is whether the company's automobile insurance policy issued to Chester E. Surbaugh was in effect at 3:30 p. m. on May 8, 1978, when Mr. Surbaugh was involved in an automobile accident. The circuit court construed the policy and found that it was in effect at the time of the accident. We have examined the record, and we have concluded that the court's decision was proper. We, therefore, affirm the judgment of the circuit court.
In 1978, the Stonewall Casualty Company issued a property damage and automobile insurance policy to Chester E. Surbaugh. The front page of the policy indicated that the policy was to be in effect from 2/8/78 to 5/8/78. The declarations page of the policy stated: "Policy Period: 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS STATED HEREIN From: 2/8/78 To: 5/8/78."
Mr. Surbaugh was involved in an automobile accident at approximately 3:30 p. m. on May 8, 1978. At the time, the insurance premium had been paid for the initial period covered by the policy, but not for any period thereafter.
In his action for damages resulting from the accident, Mr. Surbaugh moved for summary judgment on the issue [168 W.Va. 210] of liability. The trial court granted the motion and...
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...Ins. Co. v. Ashley, 37 F.3d 1492, at *2 (4th Cir. 1994) (unpublished table decision) (quoting Syl. Pt. 1, Surbaugh v. Stonewall Cas. Co., 168 W.Va. 208, 283 S.E.2d 859, 860 (1981) ). Courts should resolve any ambiguity in favor of the insured. See Jenkins v. State Farm Mut. Auto. Ins. Co., ......
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...might be uncertain or disagree as to its meaning, it is ambiguous.' " Syl. pt. 1, Surbaugh v. Stonewall Casualty Co., 171 W. Va. 390, 283 S.E.2d 859 (1981), quoting syl. pt. 1, Prete v. Merchants Property Insurance Co., 159 W.Va. 508, 223 S.E.2d 441 2. " 'Where provisions in an insurance po......
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Property v. Bowles Rice, LLP, CIVIL ACTION NO. 1:18CV29
...Ins. Co. v. Ashley, 37 F.3d 1492, at *2 (4th Cir. 1994) (unpublished table decision) (quoting Syl. Pt. 1, Surbaugh v. Stonewall Cas. Co., 283 S.E.2d 859, 860 (W. Va. 1981)). Courts should resolve any ambiguity in favor of the insured. See Jenkins v. State Farm Mut. Auto. Ins. Co., 632 S.E.2......
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Grand China Buffett & Grill, Inc. v. State Auto Prop. & Cas. Co., Civil Action No. 1:16CV159
...Ins. Co. v. Ashley, 37 F.3d 1492, at *2 (4th Cir. 1994) (unpublished table decision) (quoting Syl. Pt. 1, Surbaugh v. Stonewall Cas. Co., 168 W.Va. 208, 283 S.E.2d 859, 860 (1981) ). Courts should resolve any ambiguity in favor of the insured. See Jenkins v. State Farm Mut. Auto. Ins. Co., ......
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Cannelton Industries, Inc. v. Aetna Cas. & Sur. Co. of America, No. 22015
...Shamblin v. Nationwide Mut. Ins. Co., 175 W.Va. 337, 340, 332 S.E.2d 639, 642 (1985); Syllabus Point 2, Surbaugh v. Stonewall Cas. Co., 168 W.Va. 208, 283 S.E.2d 859 In sum, after reviewing all the relevant private and public interests of the forum non Page 18 [194 W.Va. 203] conveniens doc......
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Shamblin v. Nationwide Mut. Ins. Co., No. 16399
...might be uncertain or disagree as to its meaning, it is ambiguous.' " Syl. pt. 1, Surbaugh v. Stonewall Casualty Co., 171 W. Va. 390, 283 S.E.2d 859 (1981), quoting syl. pt. 1, Prete v. Merchants Property Insurance Co., 159 W.Va. 508, 223 S.E.2d 441 2. " 'Where provisions in an insurance po......
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Property v. Bowles Rice, LLP, CIVIL ACTION NO. 1:18CV29
...Ins. Co. v. Ashley, 37 F.3d 1492, at *2 (4th Cir. 1994) (unpublished table decision) (quoting Syl. Pt. 1, Surbaugh v. Stonewall Cas. Co., 283 S.E.2d 859, 860 (W. Va. 1981)). Courts should resolve any ambiguity in favor of the insured. See Jenkins v. State Farm Mut. Auto. Ins. Co., 632 S.E.2......