State Farm Fire & Casualty Company v. Prinz

743 S.E.2d 907(W. Va. 2013)

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Nature of the Case

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Facts

Piper, the driver, was killed in a motor vehicle accident. His passenger, Kyle Hoffman, Jr., was also killed. The Estate of Kyle Hoffman, Jr. filed suit against the Estate of William Lee Piper. The complaint asserted a wrongful death claim against the Estate of William Lee Piper, and an insurance coverage claim against D. By agreement of the parties, the case was bifurcated into two parts for trial: a declaratory judgment action of insurance coverage involving D and the tort action on the underlying wrongful death claim. P got the verdict and D appealed contending the circuit court erroneously applied the Dead Man's Statute in prohibiting the testimony of family members and the introduction of documentary evidence concerning where the decedent resided on the date of his death.