Laura A. FINDLEY, Individually and on behalf of All Other Persons Similarly Situated, Plaintiff Below, Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant Below, Appellee,
Nationwide Mutual Insurance Company, Intervenor.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted November 14, 2002.
Decided December 6, 2002.
Concurring Opinion of Justice Starcher December 13, 2002.
Concurring and Dissenting Opinion of Justice McGraw January 6, 2003.
Attorney(s) appearing for the Case
J. Michael Benninger, Esq., Paul T. Farrell, Jr., Esq., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, James M. Pietz, Esq., Malakoff, Doyle & Finberg, P.C., Pittsburgh, PA, for the Appellant.
Clarence E. Martin, III, Esq., Susan R. Snowden, Esq., Ronald S. Rossi, Esq., Martin & Seibert, L.C., Martinsburg, for the Intervenor.
Mary E. Alexander, Esq., President, Jeffrey R. White, Esq., Counsel, The Association of Trial Lawyers of America, Washington, DC, William L. Frame, Esq., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, for Amicus Curiae, The Association of Trial Lawyers of America.
Bert Ketchum, Esq., Greene Ketchum Bailey & Tweel, Huntington, for Amicus Curiae, West Virginia Trial Lawyers Association.
Catherine D. Munster, Esq., James A. Varner, Sr., Esq., Debra Tedeschi Herron, Esq., McNeer, Highland, McMunn and Varner, L.C., Clarksburg, for the Appellee.
J. Michael Weber, Esq., Dean A. Furner, Esq., Spilman Thomas & Battle, PLLC, Parkersburg, for Amici Curiae, West Virginia Insurance Federation, West Virginia Chamber of Commerce, West Virginia Manufacturers Association, West Virginia Business and Industry Council, West Virginia Bankers Association, Builders Supply Association of West Virginia, West Virginia Association of Insurance and Financial Advisors, West Virginia Automobile and Truck Dealers Association, and The Professional Independent Insurance Agents of West Virginia.
Supreme Court of Appeals of West Virginia.
DAVIS, Chief Justice.
The appellant herein and plaintiff below, Laura A. Findley, individually and in her representative capacity1 [hereinafter collectively referred to as "Ms. Findley"], appeals from an August 1, 2002, order entered by the Circuit Court of Barbour County in favor of the appellee herein and defendant below, State Farm Mutual Automobile Insurance Company [hereinafter referred...
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