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MARVIN v. LAVENDER

No. 22536.

460 S.E.2d 454 (1995)

194 W.Va. 319

Ben F. MARVIN and Leah Marvin, Plaintiffs Below, Appellees, v. Frank R. LAVENDER, Sheriff of Raleigh County, as Administrator of the Estate of James Cephas Jackson, and Westfield Insurance Company, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1995.

Attorney(s) appearing for the Case

Gregory W. Sproles, Breckinridge, Davis, Sproles & Stollings, Summersville, for appellees.

B. Karleton Kesner, Anita R. Casey, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, for appellants.

PER CURIAM:

The Appellant, Westfield Insurance Company (hereinafter "Westfield"), appeals from a May 11, 1994, order of the Circuit Court of Nicholas County. The order essentially permitted the Appellees, Ben and Leah Marvin, to "stack" the underinsured motorist coverage contained in their Westfield automobile insurance policy. Westfield asserts that stacking is inappropriate under the Marvins' policy. After careful consideration of the briefs, record and oral argument...

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