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CAPITOL FUELS, INC. v. CLARK EQUIPMENT CO.

No. CC949.

342 S.E.2d 245 (1986)

CAPITOL FUELS, INC. v. CLARK EQUIPMENT CO. WRIGHT-THOMAS EQUIPMENT COMPANY v. GOULD, INC.

Supreme Court of Appeals of West Virginia.

April 3, 1986.

Attorney(s) appearing for the Case

Hurt & Carrico, Charles E. Hurt, Charleston, for appellant.

Kay, Casto & Chaney, Jeffrey M. Wakefield, Charleston, for Clark Equipment Co.

McGRAW, Justice:

The Honorable A. Andrew MacQueen of the Thirteenth Judicial Circuit entered an order in this action certifying the following question to this Court:

Where an insurance company under the provisions of a policy issued to its insured, compensates its insured in part for a loss and has the right under the subrogation provisions of its policy to bring an action either in its name or in the name of its...

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