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MURRAY v. STATE FARM FIRE AND CAS. CO.

Nos. 24759, 24760.

509 S.E.2d 1 (1998)

203 W.Va. 477

Robert L. MURRAY and Janet L. Murray, his wife; Bernie W. Rees and Julie A. Rees, his wife; and Robert J. Withrow, Plaintiffs below, Appellees, v. STATE FARM FIRE AND CASUALTY COMPANY, a Foreign Corporation; Allstate Insurance Company, a Foreign Corporation, Defendants below, Appellants, and Robert J. Harris, Defendant below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 21, 1998.

Attorney(s) appearing for the Case

David P. Cleek, Esq., Lou Ann S. Cassell, Esq., McQueen, Harmon, Potter & Cleek, L.C., Charleston, West Virginia, Attorneys for Appellant State Farm.

Brent K. Kesner, Esq., Tanya M. Kesner, Esq., Linda Gay, Esq., Kesner, Kesner & Bramble, Charleston, West Virginia, Attorneys for Appellant Allstate.

Ted M. Kanner, Esq., The Ted Kanner Law Office, Charleston, West Virginia, J. Nicholas Barth, Esq., Barth, Thompson & George, Charleston, West Virginia, Attorneys for Appellees Murray, Rees and Withrow.

Larry L. Skeen, Esq., Ripley, West Virginia, Attorney for Appellee Harris.

STARCHER, Justice:

The appellants and defendants below, State Farm Fire and Casualty Company ("State Farm") and Allstate Insurance Company ("Allstate"), appeal an order of the Circuit Court of Jackson County granting summary judgment to several homeowners in a dispute concerning policy exclusions in two homeowners' insurance policies. The policyholders' homes were damaged by rocks falling from the highwall of a 40-year old...

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