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AMERICAN MODERN HOME INS. CO. v. CORRA

No. 33861.

671 S.E.2d 802 (2008)

AMERICAN MODERN HOME INSURANCE COMPANY, Plaintiff v. Jeff CORRA, et al., Defendants.

Supreme Court of Appeals of West Virginia.

Decided December 15, 2008.

Dissenting Opinion of Justice Starcher December 30, 2008.

Attorney(s) appearing for the Case

Ancil G. Ramey, Esq., Michelle E. Piziak, Esq., Steptoe & Johnson, Charleston, for American Modern Home Insurance Company.

D. Scott Bellomy, Esq., Bellomy & Turner, Huntington, for the Estate of Joshua Tucker.

James M. Cagle, Esq., Charleston, for Jeff Corra.

Steven M. Thorne, Esq., Cook & Cook, Madison, for Morgan Brown.

Paul S. Perfater, Esq., Myers and Perfater, Charleston, for the Estate of Matthew Humphreys.

MAYNARD, Chief Justice.1

In this case, the Court answers the following certified question from the United States District Court for the Southern District of West Virginia:

The homeowner's policy in effect at the time of the underlying events provides coverage for an "occurrence," which is defined as "an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during...

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