STONEWALL JACKSON MEM. HOSP. v. AUL INS. CO.

No. 25832.

525 S.E.2d 649 (1999)

206 W.Va. 458

STONEWALL JACKSON MEMORIAL HOSPITAL COMPANY, a non-profit West Virginia Corporation, Plaintiff below, Appellant, v. AMERICAN UNITED LIFE INSURANCE COMPANY, a qualified foreign corporation; Gardner & White Corporation, a non-qualified foreign corporation; Gardner & White, Inc., a non-qualified foreign corporation; Harry D. Jackson, an individual, Defendants below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 6, 1999


Attorney(s) appearing for the Case

Robert G. Steele, Esq., Daniel C. Cooper, Esq., Steptoe & Johnson, Clarksburg, West Virginia, Attorneys for Appellant.

David K. Schwirian, Esq., Pauley, Curry, Sturgeon & Vanderford, Charleston, West Virginia, Phillip R. Scaletta, Esq., Ice, Miller, Donadio & Ryan, Indianapolis, Indiana, Counsel for Appellee American United Life Insurance Company.

Stephen R. Brooks, Esq., Furbee, Amos, Webb & Critchfield, Fairmont, West Virginia, Counsel for Appellees Gardner & White Corporation; Gardner & White, Inc.; and Harry D. Jackson.


STARCHER, Chief Justice:

In this appeal from the Circuit Court of Lewis County, we are asked to examine the July 13, 1998 order of the circuit court that granted partial summary judgment against the appellant on the issue of whether the appellee insurance company, as a general business practice, violated the West Virginia Unfair Trade Practices Act ("Act"), W.Va. Code, 33-11-1 to -10.

The parties in this appeal dispute whether the Act applies to an...

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