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CARNEY v. ERIE INS. CO., INC.

No. 21570.

434 S.E.2d 374 (1993)

189 W.Va. 702

Pamela CARNEY, Plaintiff Below, v. ERIE INSURANCE COMPANY, INC., dba Erie Insurance Group, a Foreign Corporation, and Smallwood-Small Insurance, Inc., a West Virginia Corporation, Defendants Below.

Supreme Court of Appeals of West Virginia.

Decided June 28, 1993.

Rehearing Denied September 8, 1993.

Attorney(s) appearing for the Case

Laura R. Coltelli, Stephen A. Arnold, Coltelli & Associates, Martinsburg, for plaintiff.

Susan R. Snowden, Martin & Seibert, L.C., Martinsburg, for defendants.

MILLER, Justice:

In this case we consider four certified questions which arose from a motion for summary judgment made by the defendants, Erie Insurance Company and Smallwood-Small Insurance, Inc. (Erie). The questions certified by the trial court pursuant to W.Va.Code, 58-5-2 (1967), address the applicability of a certain exclusion clause contained within the medical payments insurance coverage endorsement included within...

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