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CONN v. MOTORIST MUT. INS. CO.

No. 21584.

439 S.E.2d 418 (1993)

190 W.Va. 553

Janet CONN; Beth McDaniel; James C. McDaniel; Joshua McDaniel, Infant, and Jason McDaniel, Infant, Through Their Next Friend, Beth McDaniel, Plaintiffs Below, Appellees, v. MOTORIST MUTUAL INSURANCE COMPANY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 23, 1993.

Attorney(s) appearing for the Case

James H. Young, Jr., Flesher & Young, Michael A. Woelfel, Huntington, for plaintiffs.

Charles F. Bagley, III, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for defendant.

MILLER, Justice:

The appellant and defendant below, Motorist Mutual Insurance Company (Motorist Mutual) appeals a final order of the Circuit Court of Wayne County, entered March 23, 1992. In a declaratory judgment action to determine whether Motorist Mutual had coverage under its automobile liability insurance policy, the circuit court concluded that Motorist Mutual's automobile liability insurance policy was in effect on February 5, 1989, the

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