American States Insurance v. Barbara Surbaugh
This text of American States Insurance v. Barbara Surbaugh (American States Insurance v. Barbara Surbaugh) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
No. 11-1186 – American States Insurance Company v. Barbara Surbaugh, Administrator of the Estate of Gerald Kirchner FILED February 6, 2013
released at 3:00 p.m.
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA
Justice Ketchum, concurring:
I agree with the majority opinion’s conclusion: an insured cannot escape the
effect of exclusions in an insurance policy due to failure to read the policy, when the
exclusions are clear, unambiguous and conspicuous.
The majority opinion spent a great deal of time clearing up inconsistent,
ambiguous dicta in many of our older cases. I believe we should have overruled these
cases outright, and simply started over with a new bright-line syllabus reflecting the
majority opinion’s ultimate conclusion set forth above.
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