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WEST VIRGINIA INS. GUAR. ASS'N v. POTTS

No. 28856.

550 S.E.2d 660 (2001)

209 W.Va. 682

WEST VIRGINIA INSURANCE GUARANTY ASSOCIATION, an Unincorporated Legal Entity, Plaintiff Below, Appellee, v. Marlyn POTTS, Allan N. Potts, Stacey Potts, Erin Potts, Kristin Potts, Robert L. Cross, M.D., and Thoracic & Cardiovascular Surgery, Inc., a Corporation, Defendants Below. Maryln Potts, Alan N. Potts, Stacey Potts, Erin Potts, and Kristin Potts, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided July 3, 2001.

Attorney(s) appearing for the Case

Cheryl Lynne Connelly, Esq., Campbell, Woods, Bagley, Emerson, McNeer & Herndon, P.L.L.C., Huntington, West Virginia, Attorney for Virginia Insurance Guaranty Association.

Scott S. Blass, Esq., James B. Stoneking, Esq., Christopher J. Regan, Esq., Bordas, Bordas & Jividen, Wheeling, West Virginia, Attorneys for Potts.

Robert L. Greer, Esq., and F. James Foley, Esq., Michael Thomas, Esq., National Conference of Insurance Guaranty Funds, for Amicus Brief.

MAYNARD, Justice:

Appellants, Marlyn Potts, Alan Potts, Kristen Potts, Erin Potts, and Stacey Potts (the Pottses), appeal the June 26, 2000 order of the Circuit Court of Ohio County, West Virginia, which granted summary judgment to the appellee, West Virginia Insurance Guaranty Association (WVIGA). The appellants contend they presented five claims, rather than one aggregate claim, for payment pursuant to the West Virginia Insurance Guaranty Association Act (the Guaranty...

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