FOUTTY v. PORTERFIELD

No. 22095.

450 S.E.2d 802 (1994)

192 W.Va. 105

Bert Gregory FOUTTY, Plaintiff Below, Appellee, v. Mark H. PORTERFIELD and Dewey D. Porterfield, Administrators of the Estate of Norma F. Porterfield, Defendants Below, Appellees, State Farm Mutual Automobile Insurance Company, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 2, 1994.


Attorney(s) appearing for the Case

Charles E. Hurt, Charleston, for appellee, Bert Gregory Foutty.

Stephen P. McGowan, Mark E. Kinley, Marc B. Lazenby, Steptoe & Johnson, Charleston, for appellant.


PER CURIAM:

In this case, the appellant, State Farm Mutual Insurance Co. (State Farm), argues that the Circuit Court of Kanawha County erred in reversing a jury verdict in its favor. The court ordered a new trial because it inadvertently read to the jury State Farm's Instruction No. 9, which earlier had been refused by the court. This instruction advised the jury that if the plaintiff knowingly purchased $25,000.00 of uninsured motorist coverage for each vehicle and...

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