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OSTROSKY v. ARKWRIGHT-BOSTON MFRS. MUT.

No. CC996.

386 S.E.2d 844 (1989)

Wilbur B. OSTROSKY v. ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, et al.

Supreme Court of Appeals of West Virginia.

November 15, 1989.

Attorney(s) appearing for the Case

J.P. McMullen, Jr., Charles D. Bell, Wellsburg, for Wilbur B. Ostrosky.

A.L. Emch, Jackson & Kelly, Charleston, George R. Farmer, Jr., Stephen M. Lacagnin, Jackson & Kelly, Morgantown, for Arkwright-Boston Manuf. Mut. Ins. Co.

WORKMAN, Justice:

The sole issue in this certified case is whether a licensed resident insurance agent who countersigns policies and receives a fixed annual sum to compensate him for the countersigning is entitled to commissions in addition to the yearly fee. United States District Court for the Northern District of West Virginia certified the following question:

Is a direct writer of insurance that does not employ commissioned agents who enters

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