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HIGGINBOTHAM v. CLARK

No. 21417.

432 S.E.2d 774 (1993)

189 W.Va. 504

Marshall HIGGINBOTHAM, Plaintiff Below, Appellant, v. Hanley C. CLARK, Insurance Commissioner of the State of West Virginia, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 24, 1993.

Concurring Opinion of Justice Miller July 20, 1993.

Attorney(s) appearing for the Case

Thomas R. Michael, Michael & Kupec, Clarksburg, for appellant.

Linda Gay, Associate Counsel, B. Keith Huffman, Gen. Counsel, Office of Ins. Com'r of W.Va., Charleston, for appellee.

BROTHERTON, Justice:

The appellant, Marshall Higginbotham, appeals from an April 22, 1992, ruling of the Circuit Court of Kanawha County which affirmed the Insurance Commissioner's decision to dismiss the appellant's claim of alleged mine subsidence damage to his home for lack of subject matter jurisdiction. The specific issue now before this Court is whether the Insurance Commissioner has subject matter jurisdiction to review either the West Virginia Board of Risk...

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