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JOSLIN v. MITCHELL

No. 31035.

584 S.E.2d 913 (2003)

213 W.Va. 771

Frances A. Horton JOSLIN, Administratrix of the Estate of Albert H. Horton, deceased, Plaintiff Below, Appellee, and Catherine Wilkinson, Administratrix of the Estate of Mary Horton, deceased, Intervening Plaintiff Below, Appellee, v. Thomas MITCHELL and Yurway Transportation Services, Inc., Defendants Below, Appellees, State Farm Mutual Automobile Insurance Company, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 3, 2003.

Attorney(s) appearing for the Case

Lester C. Hess, Esq., Anthony I. Werner, Esq., Bachmann, Hess, Bachmann & Garden, PLLC, Wheeling, for Appellee Frances A. Horton Joslin.

Jeffrey A. Holmstrand, Esq., McDermott & Bonenberger, PLLC, Wheeling, for appellant State Farm Mutual Automobile Insurance Company.

James G. Bordas, Jr., Esq., Scott S. Blass, Esq., James B. Stoneking, Esq., Bordas & Bordas, PLLC, Wheeling, for Appellee Catherine Wilkinson.

STARCHER, Chief Justice.

In this appeal from the Circuit Court of Ohio County, we are asked to review several orders where a circuit court allowed two insureds to aggregate or "stack" underinsured motorist coverage under five insurance policies, despite anti-stacking language in the policies. The circuit court also allowed the insureds to recover the "per accident" limits of coverage rather than the "per person" limits...

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