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MILLER v. FLUHARTY

No. 23993.

500 S.E.2d 310 (1997)

201 W.Va. 685

John Paul MILLER, Plaintiff below, Appellee, v. Aaron P. FLUHARTY and Susan Fluharty, Defendants below, and State Farm Mutual Automobile Insurance Company, an insurance company, and William Wilson, individually and in the capacity of an agent of State Farm Mutual Automobile Insurance Company, Defendants below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 16, 1997.

Dissenting Opinion of Justice Maynard December 19, 1997.

Attorney(s) appearing for the Case

David J. Romano, Law Offices of David J. Romano, Clarksburg, for the Appellee.

Catherine D. Munster, James A. Varner, Gregory H. Schillace, McNeer, Highland, McMunn & Varner, Clarksburg, for the Appellants.

STARCHER, Justice:

This appeal from the Circuit Court of Harrison County concerns an action by a policyholder against his insurance carrier to recover attorney's fees, costs, and prejudgment interest for litigation over the proceeds of an underinsured motorist policy. The circuit court granted summary judgment to the policyholder and plaintiff-appellee, John Paul Miller, holding that Mr. Miller substantially prevailed in...

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