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FARMERS AND MECHANICS MUT. INS. CO. v. COOK

Nos. 29841, 29842.

557 S.E.2d 801 (2001)

210 W.Va. 394

FARMERS AND MECHANICS MUTUAL INSURANCE COMPANY OF WEST VIRGINIA, Plaintiff below, Appellee, v. Gerald COOK and Brenda Cook, Defendants below, Appellees, Leah D. Buckler, Administrator of the Estate of Homer G. Buckler, Deceased, Defendant below, Appellant. Farmers and Mechanics Mutual Insurance Company of West Virginia, Plaintiff below, Appellee, v. Gerald Cook and Brenda Cook, Defendants below, Appellants, Leah D. Buckler, Administrator of the Estate of Homer G. Buckler, Deceased, Defendant below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 10, 2001.

Attorney(s) appearing for the Case

Tammy Mitchell Bittorf, Esq., Layva, Bittorf & Santa Barbara, P.L.L.C., Martinsburg, West Virginia, Attorney for Farmers and Mechanics Mutual Insurance Company of West Virginia.

Daniel R. James, Esq., Keyser, West Virginia, Attorney for Gerald and Brenda Cook.

George I. Sponaugle, II, Esq., Sponaugle & Sponaugle, Franklin, West Virginia, Attorney for Leah Buckler.

STARCHER, Justice:

In this case from the Circuit Court of Hardy County, we address a situation where a wife, in the defense of her husband, shot and killed a third-party aggressor. The wife has been acquitted of any criminal responsibility, but the alleged aggressor's widow has sued the couple for wrongful death.

The couple gave notice of the lawsuit to their homeowners' insurance company. The homeowners' insurance...

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