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TACKETT v. AMERICAN MOTORISTS INS. CO.

No. 30633.

584 S.E.2d 158 (2003)

213 W.Va. 524

Steven TACKETT, Plaintiff Below, Appellant, v. AMERICAN MOTORISTS INSURANCE COMPANY, a Foreign Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided February 28, 2003.

Concurring and Dissenting Opinion of Chief Justice Starcher July 11, 2003.

Attorney(s) appearing for the Case

John J. Polak, Esq., Rose & Atkinson, Charleston, West Virginia, Attorney for the Appellant.

Robert A. Lockhart, Esq., David R. Schuda, Esq., Schuda & Associates, PLLC, Charleston, West Virginia, Attorneys for the Appellee.

DAVIS, Justice:

The appellant herein and plaintiff below, Steven Tackett [hereinafter referred to as "Mr. Tackett"], appeals from an October 30, 2001, order entered by the Circuit Court of Cabell County. In that order, the circuit court, ruling in favor of the appellee herein and defendant below, American Motorists Insurance Company [hereinafter referred to as "American Motorists"], granted summary judgment to American...

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