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McCORMICK v. ALLSTATE INS. CO.

No. 24487.

505 S.E.2d 454 (1998)

202 W.Va. 535

Donald C. McCORMICK, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 10, 1998.

Concurring Opinion of Justice Workman July 20, 1998.

Concurring and Dissenting Opinion of Justice Starcher August 7, 1998.

Attorney(s) appearing for the Case

James C. Peterson, Harry G. Deitzler, Hill, Peterson, Carper, Bee & Deitzler, Charleston, for Appellant.

Charles M. Love, III, Benjamin L. Bailey, Bowles, Rice, McDavid, Graff & Love, Charleston, for Appellee.

McCUSKEY, Justice:

This is an insurance dispute from the Circuit Court of Kanawha County. The appellant, Donald C. McCormick, asks this Court to reverse the lower court's April 10, 1997 order granting summary judgment in favor of the appellee, Allstate Insurance Company, on the appellant's punitive damages claim. The questions presented by this appeal are: (1) what standard is appropriate for recovery of punitive damages where an insured brings a claim against his...

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