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BARTH v. KEFFER

No. 22691.

464 S.E.2d 570 (1995)

195 W.Va. 51

Mary Jo BARTH, Plaintiff Below, Appellee, v. William D. KEFFER, Defendant Below, Appellee, Allstate Insurance Company, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 26, 1995.

Attorney(s) appearing for the Case

Frederick E. Gardner, Chase & Gardner, Moundsville, for appellee Mary Jo Barth.

B. Karleton Kesner, Anita R. Casey, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, for appellant Allstate Insurance Company.

MILLER, Justice:1

The appellant, Allstate Insurance Company (Allstate), appeals a June 21, 1994, order of the Circuit Court of Marshall County, which denied Allstate's motion to be dismissed. Allstate carried underinsurance coverage for Mary Jo Barth, the plaintiff below and one of the appellees herein. Allstate claims Ms. Barth settled her personal injury claim with a tortfeasor for less than...

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