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PRUDENTIAL INS. CO. OF AMERICA v. COUCH

No. 18375.

376 S.E.2d 104 (1988)

PRUDENTIAL INSURANCE CO. OF AMERICA, Plaintiff Below, Appellee, v. George COUCH, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

November 23, 1988.

Attorney(s) appearing for the Case

Christine Machel, William E. Watson, Wm. E. Watson & Associates, Wellsburg, for George Couch.

Thomas A. Goodwin, Katherine A. Schultz, Goodwin & Quinn, Wheeling, for Prudential Ins. Co.

MILLER, Justice:

The defendant, George Couch, appeals from an order of the Circuit Court of Ohio County granting summary judgment to the plaintiff below, Prudential Insurance Company of America (Prudential), in an action to recover health insurance benefits erroneously paid to several health care providers and institutions under a group health insurance plan. The defendant contends that genuine issues of material fact existed precluding summary judgment. Finding that...

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