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IMGRUND v. YARBOROUGH

No. 23347.

483 S.E.2d 533 (1997)

199 W.Va. 187

Robert IMGRUND, Plaintiff Below, Appellee v. Philip T. YARBOROUGH, Defendant Below, and Nationwide Mutual Insurance Company, a Corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 20, 1997.

Attorney(s) appearing for the Case

William R. DeHaven, Martinsburg, for Appellee.

Douglas S. Rockwell, Steptoe & Johnson, Charles Town, Joanna I. Tabit, Steptoe & Johnson, Charleston, for Nationwide Mutual Insurance Company.

DAVIS, Justice:

The defendant below and appellant herein, Nationwide Mutual Insurance Company, appeals a declaratory judgment from the Circuit Court of Berkeley County. The circuit court determined that an "owned but not insured" exclusion to uninsured motorist coverage was void and that the plaintiff below and appellee herein, Robert Imgrund, was eligible to receive uninsured motorist benefits under his parents' Nationwide automobile insurance policy...

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