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MIRALLES v. SNODERLY

No. 31554.

602 S.E.2d 534 (2004)

216 W.Va. 91

Anthony MIRALLES, III and Madeline Miralles, Plaintiffs Below, Appellants, v. Lloyd L. SNODERLY, Penelope Sue Zangari, dba P & R Trucking, Inc., a West Virginia corporation, and National Union Fire Insurance Company of Pittsburgh, PA., a corporation, Defendants Below. National Union Fire Insurance Company of Pittsburgh, Pa., a corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 30, 2004.

Attorney(s) appearing for the Case

William L. Frame, Esq., Paul T. Farrell, Jr., Esq., Wilson, Frame, Benninger & Metheney, Morgantown, for Appellants.

Ancil G. Ramey, Esq., Jennifer R. Anderson, Esq., Steptoe & Johnson, Charleston, for Appellee.

PER CURIAM:

Anthony Miralles, III and Madeline Miralles, plaintiffs below and appellants herein, appeal an order of the Circuit Court of Monongalia County, West Virginia, which granted summary judgment in favor of National Union Fire Insurance Company of Pittsburgh, Pa. (hereinafter "National Union"), a defendant below and appellee herein. At issue in this appeal is whether, under the National Union policy issued to Mr. Miralles' employer, underinsurance motorist...

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