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HOWE v. HOWE

No. 32573.

625 S.E.2d 716 (2005)

218 W.Va. 638

Pamela E. HOWE, individually, and as adoptive parent and next friend of Trey J. Howe, a minor, Appellant v. Duane A. HOWE, American Standard Insurance Company of Ohio and American Family Insurance Company, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2005.

Dissenting Opinion of Chief Justice Albright November 29, 2005.

Concurring Opinion of Justice Davis December 6, 2005.

Dissenting Opinion of Justice Starcher December 16, 2005.

Attorney(s) appearing for the Case

Paul T. Farrell, Jr., J. Michael Benninger, Wilson, Frame, Benninger & Metheney, P.L.L.C., Morgantown, for Appellant.

Robert P. Martin, Phillip C. Monroe, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, P.L.L.C., Charleston, for Appellees.

BENJAMIN, Justice:

In the instant appeal we are asked to review the Circuit Court of Marion County's July 20, 2004 Opinion Order Denying in Part Plaintiff's Motion for Summary Judgment on the Declaratory Judgment Action and Granting in Part American Standard Insurance Company of Ohio and American Family Insurance Company's Motion for Summary Judgment. In that Order, the circuit court, applying Ohio law, held that liability coverage did not exist under several policies...

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