MITCHELL v. FEDERAL KEMPER INS. CO.

No. 25063.

514 S.E.2d 393 (1998)

204 W.Va. 543

Reba MITCHELL and Ralph Mitchell, Plaintiffs, Appellants, v. FEDERAL KEMPER INSURANCE COMPANY, Jack Ray McCoy, Jr., and Does One Ten, Defendants, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 4, 1998.


Attorney(s) appearing for the Case

William S. Thompson, Cook & Cook, Madison, West Virginia, Attorney for Appellants.

Mary H. Sanders, James C. Stebbins, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, West Virginia, Attorneys for Appellees.


McCUSKEY, Justice.

This is an appeal by Reba Mitchell and Ralph Mitchell, her husband, from a declaratory judgment ruling made by the Circuit Court of Mingo County. In that ruling, the circuit court, in effect, held that the Mitchells were not entitled to collect underinsured motorists benefits under an automobile insurance policy issued to them by the appellee, Federal Kemper Insurance Company.

BACKGROUND FACTS

On November 11, 1992, Jack Ray McCoy...

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