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STATE EX REL. STATE AUTO INS. v. RISOVICH

No. 25347.

511 S.E.2d 498 (1998)

204 W.Va. 87

STATE of West Virginia ex rel. STATE AUTO INSURANCE COMPANY, Petitioner, v. Honorable Fred RISOVICH, II, Judge of the Circuit Court of Ohio County, and Melinda Kent, Individually, and Kristin Kent, a minor, By and Through Her Father and Next Friend, Roger Kent, and Roger Kent, Individually, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1998.

Attorney(s) appearing for the Case

Anthony I. Werner, Lea W. Ridenhour, Bachmann, Hess, Bachmann & Garden, Wheeling, West Virginia, Attorneys for the Petitioner.

Joseph J. John, John Law Offices, Robert P. Fitzsimmons, Fitzsimmons Law Offices, Wheeling, West Virginia, Attorneys for Respondents, the Kents.

Jolyon W. McCamic, Charleston, West Virginia, Counsel for Amicus Curiae, West Virginia Trial Lawyers Association.

DAVIS, Chief Justice:

In this original proceeding in prohibition, the petitioner, State Auto Insurance Company, requests this Court to prohibit the respondent, the Honorable Fred Risovich, II, Judge of the Circuit Court of Ohio County, from enforcing his order of September 4, 1998, denying State Auto's motion for partial summary judgment. The issue raised in this petition is whether an insurer is required, under W. Va.Code § 33-6-31(b) (1998) (Supp.1998), to...

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