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COSTELLO v. COSTELLO

No. 22694.

465 S.E.2d 620 (1995)

195 W.Va. 349

Linda COSTELLO, Individually and Linda Costello as next friend of T.J. Costello, a minor, Plaintiff Below, Appellant, v. Marshall COSTELLO, Harpers Ferry River Riders, Inc., State Farm Mutual Automobile Insurance Company, Russell Cave, Allstate Insurance Company and Louis J. Diguglielmo, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 17, 1995.

Attorney(s) appearing for the Case

William R. DeHaven, Martinsburg, for Appellant.

E. Kay Fuller, Martin & Seibert, L.C., for Appellees Allstate Insurance Company and Louis J. Diguglielmo.

PER CURIAM:

This action is before this Court upon the final order of the Circuit Court of Jefferson County, entered on April 25, 1994. The sole issue before this Court concerns the refusal of the circuit court to instruct the jury with regard to the "reasonable expectation of insurance" theory of recovery advanced at trial by the appellant, Linda Costello. The appellee is Louis J. Diguglielmo, an insurance agent of the Allstate Insurance Company. For the reasons stated...

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