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BURROWS v. NATIONWIDE MUT. INS. CO.

Nos. 31344, 31345.

600 S.E.2d 565 (2004)

215 W.Va. 668

Andrea E. BURROWS, Plaintiff v. NATIONWIDE MUTUAL INSURANCE COMPANY, et al., Defendants, and Deidra M. BEELER, Plaintiff v. Nationwide Mutual Insurance Company, et al., Defendants.

Supreme Court of Appeals of West Virginia.

Decided February 19, 2004.

Attorney(s) appearing for the Case

James I. Stealey, Goldenberg, Goldenberg & Stealey, Parkersburg, West Virginia, Attorney for the Plaintiff.

James S. Crockett, Jr., Mary M. August, Spilman Thomas & Battle, PLLC, Charleston, West Virginia, Attorney for Amicus Curiae, West Virginia Insurance Federation.

Anita R. Casey, Donna S. Quesenberry, MacCorkle, Lavender, Casey & Quesenberry, Charleston, West Virginia, Attorneys for the Defendants.

ALBRIGHT, Justice:

These two cases arise by certified question from the United States District Court for the Southern District of West Virginia and both cases present related issues concerning the application of certain statutory requirements which address the circumstances under which insurance companies are required to make underinsured motorist coverage available to insureds. While underinsured motorist coverage was waived in each case at one point in time, the...

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