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UNITED SERVICES AUTO. ASS'N v. LUCAS

No. 12-1500.

754 S.E.2d 754 (2014)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant Below, Petitioner v. Kimberly LUCAS, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided February 5, 2014.

Attorney(s) appearing for the Case

Daniel J. Konrad, Esq. , Anna M. Price, Esq. , Huddleston Bolen LLP, Huntington, WV, for Petitioner.

Neil R. Bouchillon, Esq. , Amy C. Crossan, Esq. , Bouchillon, Crossan & Colburn, L.C., Huntington, WV, for Respondent.

Justice KETCHUM:

In this appeal from the Circuit Court of Cabell County, we are asked to review a declaratory judgment order against a motor vehicle liability insurer. As set forth below, we affirm the circuit court's declaratory judgment order.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On October 23, 2007, Francis McComas, Jr., lost control of his vehicle, hydroplaned on a rain-slicked road, and collided head-on with plaintiff Kimberly Lucas...

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