CANTRELL v. CANTRELL

No. 30850.

582 S.E.2d 819 (2003)

213 W.Va. 372

Sheila CANTRELL, Plaintiff Below, Appellant v. Joseph CANTRELL, State Farm Mutual Automobile Insurance Company, and Jack D. Brewster, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 21, 2003.

Dissenting Opinion of Chief Justice Starcher July 11, 2003.


Attorney(s) appearing for the Case

Marvin W. Masters, April D. Ferrebee, David L. Stuart, Masters & Taylor, L.C., Charleston, for Sheila Cantrell.

Charles S. Piccirillo, Kelly R. Charnock, Shaffer & Shaffer, PLLC, Madison, for State Farm and Jack D. Brewster.


PER CURIAM:

The appellant, Sheila Cantrell, appeals the December 31, 2001 order of the Circuit Court of Mingo County which granted summary judgment to the appellees, State Farm Mutual Automobile Insurance Company and agent Jack D. Brewster (State Farm). The appellant avers that summary judgment was granted in error because underinsured motorist benefits should be available to her under her husband's policy of insurance...

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