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ELKINS v. STATE FARM MUT. AUTO. INS. CO.

No. 23116.

475 S.E.2d 504 (1996)

197 W.Va. 412

Donald D. ELKINS, Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 17, 1996.

Attorney(s) appearing for the Case

John H. Bicknell, Menis E. Ketchum, Greene, Ketchum, Bailey & Tweel, Huntington, for Appellee.

Charles S. Piccirillo, Timothy L. Mayo, Shaffer & Shaffer, Madison, for Appellant.

PER CURIAM.

This is a declaratory judgment action filed by an insured, Donald Elkins, to determine the status of underinsurance coverage in two separate automobile liability insurance policies.

The Circuit Court of Cabell County found that the insurer, State Farm Mutual Insurance Company, effectively cancelled one of the policies so that there was no underinsurance coverage arising from that contract; however, the trial court concluded that there was underinsurance...

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