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MORDESOVITCH v. WESTFIELD INS. CO.

No. CIV.A.2:02-0078.

235 F.Supp.2d 512 (2002)

Frank MORDESOVITCH, Plaintiff, v. WESTFIELD INSURANCE COMPANY, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

November 27, 2002.

Attorney(s) appearing for the Case

Christopher J. Heavens, Heavens Law Offices, Charleston, WV, John Einreinhofer, charleston, WV, for plaintiff.

Tanya M. Kesner, Brent K. Kesner, Kesner, Kesner & Bramble, Charleston, WV, for defendants.

MEMORANDUM OPINION AND ORDER

STANLEY, United States Magistrate Judge.

This civil action is a so-called "first party bad faith claim"1 that Defendant and its counsel engaged in unfair trade practices in connection with Plaintiff's claim for underinsured motorist insurance coverage benefits following a 1999 fatal accident. For the purpose of this Memorandum Opinion and Order, the court assumes to be true the allegations...

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