David C. Anderson, Jr., individually and as Executor of the Estate of Charlotte Lee Anderson, deceased v. Ricky A. Robinson, and H&H Industrial, Inc., a corporation and CNA, AKA Continental National American Insurance Company, CNA, AKA Continental Columbia Casualty Company, and Gibraltar Casualty Company, No. 19839 (W. Va. July 2, 1991) (McHugh, J.): 186 W.Va. 92, 411 S.E.2d 35:
After obtaining a default judgment on the issue of liability against a corporation that later filed a bankruptcy petition, the plaintiff proceeded to trial on the issue of damages without first obtaining relief from the automatic stay provisions of 11 U.S.C. 362(a) (1). When the bankruptcy court subsequently ruled that the plaintiff could proceed against the tortfeasor to the extent insurance proceeds were available, the Court affirmed, holding that a plaintiff who obtains a judgment against a tortfeasor who files for bankruptcy protection is not precluded from proceeding in state court against the tortfeasor's insurer to satisfy the judgment to the extent of the tortfeasor's available insurance coverage.