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AUBER v. JELLEN

No. 22879.

469 S.E.2d 104 (1996)

196 W.Va. 168

Lewis R. AUBER and Jo-Ann Auber, Plaintiffs Below, Appellants, v. A.V. JELLEN, M.D. and A.V. Jellen, M.D., P.C., Defendants Below, Appellees, and Lewis R. AUBER and Jo-Ann Auber, Appellants, v. INSURANCE CORPORATION OF AMERICA, a/k/a ICA, a Texas Corporation, Appellee.

Supreme Court of Appeals of West Virginia.

Decided March 1, 1996.

Attorney(s) appearing for the Case

Robert P. Fitzsimmons, Russell Jay Guthrie, Fitzsimmons Law Offices, Wheeling, and G. Charles Hughes, G. Charles Hughes, L.C., Moundsville, for Appellants.

Landers P. Bonenberger, McDermott, Bonenberger, McDermott & Gallaway, Wheeling, for Appellees, A.V. Jellen, M.D. and A.V. Jellen, M.D., P.C.

James F. Companion, Yolanda G. Lambert, John Porco, Schrader, Byrd, Companion & Gurley, Wheeling, for Appellee, Insurance Corporation of America.

ALBRIGHT, Justice:

This is an appeal from a declaratory judgment entered by the Circuit Court of Ohio County. The principal question raised by the appeal is whether the medical malpractice insurance policies issued to appellees, A.V. Jellen, M.D. and A.V. Jellen, M.D., P.C., a professional corporation through which Doctor Jellen apparently conducted his medical practice, provide a single policy limit or may be aggregated...

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