State Automobile Ins. Co. v. Youler
In State Automobile Ins. Co. v. Youler, 183 W.Va. 556, 396 S.E.2d 737 (1990), the Court determined that the Legislative policy underlying the underinsured motorist coverage provisions of W.Va. Code, 33-6-31(b) "contemplates recovery, up to coverage limits, from one's own insurer, of full compensation for damages not compensated by a negligent tortfeasor who at the time of the accident was an owner or operator of an . . . underinsured motor vehicle." Syllabus Point 4, in part.
The Court therefore held, in Syllabus Point 3 of Youler, that:
So-called "antistacking" language in automobile insurance policies is void under W.Va.Code, 33-6-31(b), as amended, to the extent that such language is purportedly applicable to . . . underinsured motorist coverage, and an insured covered simultaneously by two or more . . . underinsured motorist policy endorsements may recover under all of such endorsements up to the aggregated or stacked limits of the same, or up to the amount of the judgment obtained against the . . . underinsured motorist, whichever is less, as a result of one accident and injury.
In Youler, the Court considered a situation where an insurance company had issued two separate automobile insurance policies, both of which contained underinsured motorist coverage, on two vehicles owned by a single insured.
The Court concluded that the anti-stacking language contained in the policies was contrary to W.Va. Code, 33-6-31(b), and allowed the insured to recover benefits under both policies.