ROBERTSON v. FOWLER

No. 22892.

475 S.E.2d 116 (1996)

197 W.Va. 116

Gary L. ROBERTSON and Janet S. Robertson, Plaintiffs Below, Appellees, v. Gene FOWLER; Galigher Ford, Inc., a West Virginia Corporation; Car Spot, Inc., a West Virginia Corporation; Charles F. Runyon, Jr.; Bank One, Formerly Known as The Wayne County Bank, a National Banking Association; and Corky Runyon, Defendants and Third-Party Plaintiffs Below, Appellees. and CAR SPOT, INC.; Charles F. Runyon, Jr.; and Corky Runyon, Defendants and Third-Party Plaintiffs Below, Appellees, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Third-Party Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 12, 1996.


Attorney(s) appearing for the Case

Robert L. Godbey, Huntington, for the Robertsons.

Richard Thompson, Huntington, for Car Spot, C.F. Runyon, Jr. and Corky Runyon.

Johnnie E. Brown, Molly Underwood-Korwan, McQueen & Brown, Charleston, for United States Fidelity & Guaranty Company.

Daniel J. Konrad, Huntington, for Bank One.


WORKMAN, Justice:

United States Fidelity & Guaranty Company ("USF&G") appeals from an adverse summary judgment ruling, directing it to defend and indemnify Appellee Car Spot, Inc. ("Car Spot") in connection with a used vehicle that Car Spot sold. Based on our conclusion that the Circuit Court of Cabell County erroneously applied the doctrine of reasonable expectations, we reverse.

The plaintiffs below, Gary...

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