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JACKSON v. STATE FARM MUT. AUTO. INS. CO.

No. 31372.

600 S.E.2d 346 (2004)

215 W.Va. 634

David M. JACKSON, Plaintiff Below, Appellee v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 2, 2004.

Attorney(s) appearing for the Case

Jason A. Cuomo, Esq., Frank Cuomo, Esq., Cuomo & Cuomo, Wellsburg, West Virginia, Attorneys for Appellee.

Catherine D. Munster, Esq., Tiffany R. Durst, Esq., James A. Varner, Esq., McNeer, Highland, McMunn & Varner, Clarksburg, West Virginia, Attorneys for Appellant.

STARCHER, Justice:

This opinion addresses two separate appeals from the Circuit Court of Brooke County, from the same case. The two appeals have been consolidated for review. In the first case, appellant State Farm Mutual Automobile Insurance Company ("State Farm") appeals an April 24, 2002 order that granted summary judgment to the appellee, David M. Jackson, on two issues in Mr. Jackson's third-party statutory unfair...

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