Guy R. Cunningham, et al. v. Walter Lee Hill, et al. - 34862 -  Petitioner insurer asks this Court to accept its petition upon the certified question from the circuit court and to answer that question in the affirmative.

CERTIFIED QUESTION:

When two insurers issue separate automobile liability insurance policies upon different vehicles containing underinsured motorists coverages which provide coverage for the same loss, is policy language which provides that the limit of underinsured motorist coverage available from all policies shall not exceed the liability limits of the policy with the highest limit of underinsured motorist coverage valid and enforceable? 

The circuit court answered this question in the negative and found that the language in the Erie insurance policy was ambiguous.

• Circuit Court Order
• Appellant's (Erie Insurance) Brief
• Appellant's (State Farm) Brief
• Appellee's Brief 
• Reply Brief (Erie Insurance)
• Reply Brief (State Farm)
• Amicus Brief of W. Va. Association for Justice
  

2.  Heather Ruckdeschel, Admx. v. Falcon Drilling Company, L.L.C., et al. - 34865 - Petitioners, Halliburton Energy Services, appeals the lower court's dismissal of petitioner's cross-claim through the granting of Texas Keystone's Motion to Dismiss. The Tyler County Circuit Court found that a contract existed between the parties, but that the claim for indemnification was to be arbitrated. 

• Circuit Court Order
• Appellant's (Halliburton Energy) Brief
• Appellee's (Texas Keystone) Brief
• Appellee's (Falcon Drilling) Brief 
• Response to Submission by Falcon Drilling (Halliburton Energy)
• Reply Brief (Halliburton Energy)

3.  Lloyd’s Inc. v. Charles R. Lloyd - 34866 - Petitioner, Lloyd's, Inc., appeals from a February 11, 2009, Order of the Braxton County Circuit Court which denied petitioner's Motion to Amend its Complaint. Petitioner had brought an action for unjust enrichment and conversion against Charles R. Lloyd. 

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

4.  Paul E. Nesselroad v. State of WV Consolidated Public Retirement Board - 34885 - The Consolidated Public Retirement Board appeals from the circuit court's order overturning the Board's administrative decision denying respondent's request for reclassification of 6.592 years of service credit from the statutorily salary capped higher education years to full salary years (non-higher education years) and a corresponding recalculation of his annuity benefits.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

5.  Estate of Christopher P. Bastien v. Elizabeth A. Bastien, et al. - 34886 - Petitioner, Lane and Young, attorneys for Maxwell H. Bastien, a minor, appeal from the circuit court's order denying the petition for additional attorney's fees in this action for declaratory relief to determine the rights of all parties in the Estate of Christopher P. Bastien, deceased. - Dismissed.

• Circuit Court Order
• Appellant's Brief
• Appellant's Reply Brief

6.  James G. Clay, et al. v. State of WV Consolidated Public Retirement Board - 34944 - Petitioners James Clay and Michael Corbett appeal the circuit court's order affirming the decision of the Consolidated Public Retirement Board on the issue of loans from each petitioner's Teachers Retirement System Account.

• Circuit Court Order
• Appellant's (James Clay and Michael Corbett) Brief
• Appellee's Brief
• Reply Brief

    James G. Clay, et al. v. State of WV Consolidated Public Retirement Board - 34945 - Petitioner Katherine Hoopengarner appeals the circuit court's order affirming the decision of the Consolidated Public Retirement Board on the issue of a loan from petitioner's Teachers Retirement System Account.

• Appellant's (Katherine Hoopengarner) Brief
• Appellee's Brief
• Reply Brief