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FARMERS MUT. INS. CO. v. TUCKER

No. 30469.

576 S.E.2d 261 (2002)

213 W.Va. 16

FARMERS MUTUAL INSURANCE COMPANY, a West Virginia corporation, Plaintiff Below, Appellee v. Hubert Junior TUCKER, Defendant Below, Appellant. Hubert Junior Tucker, Third-Party Plaintiff Below, Appellant v. Darrell Lee Taylor, Leonard Locie Taylor, and Other Individuals Presently Unknown, Third-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 4, 2002.

Dissenting Opinion of Chief Justice Davis December 6, 2002.

Dissenting Opinion of Justice Maynard December 9, 2002.

Concurring Opinion of Justice Albright December 12, 2002.

Attorney(s) appearing for the Case

William V. DePaulo, Ross & DePaulo, P.L.L.C., Hurricane, for Appellant.

David A. Sims, Gregory R. Tingler, Law Office of David Aaron Sims, Elkins, for Appellee Farmers Mutual Insurance Company.

STARCHER, Justice:

In this appeal from the Circuit Court of Putnam County, we are asked to review a circuit court order granting summary judgment to an insurance company in a declaratory judgment action. The circuit court was asked to interpret language in a liability insurance policy that defined persons insured as including "your relatives if residents of your household." In its order, the circuit court ruled that a tortfeasor...

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