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STATE EX REL. MOTORISTS v. BROADWATER

No. 22466.

453 S.E.2d 591 (1994)

192 W.Va. 608

STATE of West Virginia ex rel. MOTORISTS MUTUAL INSURANCE COMPANY, a Foreign Corporation, Petitioner, v. Honorable W. Craig BROADWATER, Judge of the Circuit Court of Ohio County; Lin V. Humphries, Clerk of the Circuit Court of Ohio County; Edward L. Weith, Jr., Sheriff of Ohio County; Robert Lightner, Sheriff of Marshall County; Joseph Bartolo, Sheriff of Monongalia County; Michael Allman, Sheriff of Brooke County; and Beverly Cappelletti, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1994.

Attorney(s) appearing for the Case

David L. Wyant, Shuman, Annand & Poe, Charleston, for petitioner.

Robert P. Fitzsimmons, Russell J. Guthrie, Fitzsimmons Law Offices, Wheeling, for respondents.

Charles G. Hughes, G. Charles Hughes, L.C., Moundsville, for respondents.

WORKMAN, Justice:

Through this writ of prohibition, Petitioner Motorists Mutual Insurance ("Motorists") seeks to prevent the enforcement of certain writs of execution issued in connection with a March 30, 1992, judgment order entered against it by the Circuit Court of Ohio County. The specific issue presented is the enforceability of a judgment order entered directly against an underinsurance carrier in the absence of an...

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