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WOOD v. ACORDIA OF WEST VIRGINIA, INC.

No. 31863.

618 S.E.2d 415 (2005)

217 W.Va. 406

Mark WOOD, a West Virginia resident and class representative; Patricia Compton, a Virginia resident and class representative; Jack Cecil, a Virginia resident and class representative; Steve Pierce, an Ohio resident and class representative; Sid Nash, a Virginia resident and class representative, Plaintiffs Below, Appellants, v. ACORDIA OF WEST VIRGINIA, INC., a West Virginia corporation, d/b/a Acordia Mid-Atlantic, Inc.; and Acordia, Inc., a Delaware corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Filed: July 7, 2005.

Attorney(s) appearing for the Case

Kevin W. Thompson, Esq., Law Offices of Kevin Thompson, New Orleans, Louisiana, Anthony J. Majestro, Esq., Powell & Majestro, Charleston, for the Appellants.

Gerard R. Stowers, Esq., J. Mark Adkins, Esq., Jill E. Hall, Esq., Bowles, Rice, McDavid, Graff & Love, Charleston, for the Appellees.

Justice BENJAMIN delivered the Opinion of the Court.

Justice STARCHER dissents and reserves the right to file a dissenting opinion.

BENJAMIN, Justice.

This action is before this Court upon the appeal of Mark Wood, et al., from a summary judgment granted in the Circuit Court of Mercer County, West Virginia, on January 26, 2004, in favor of the appellees, Acordia of West Virginia, Inc., a West Virginia corporation, and its parent company, Acordia...

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