United States Fourth Circuit
PROGRESSIVE PALOVERDE INS. CO. v. HARTFORD FIRE INS. CO., 03-1195
Consistent with West Virginia's bright line rule that "insurance follows the automobile rather than the driver," defendant's policy provided primary coverage for injuries sustained by a motorist while occupying a tow truck insured by defendant; plaintiff's policy provides only excess coverage here.
Appellate Information
- Decided 01/23/2004
- Published 01/23/2004
Judges
- Before LUTTIG and SHEDD, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Robert Carter Elkins, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, P.L.L.C., Huntington, West Virginia, for Appellant. Sarah Jane Anderson, Dickie, McCamey & Chilcote, Wheeling, West Virginia, for Appellee. ON BRIEF:Laura L. Gray, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, P.L.L.C., Huntington, West Virginia, for Appellant.