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GLEN FALLS INS. CO. v. SMITH

No. 31972.

617 S.E.2d 760 (2005)

217 W.Va. 213

GLEN FALLS INSURANCE COMPANY, Appellee and Plaintiff Below, v. Billie Joe SMITH, Robin Smith and Johnny Combs, Appellants and Defendants Below. GMAC Insurance Company, Appellee and Plaintiff Below, v. Johnny Combs, Appellant and Defendant Below.

Supreme Court of Appeals of West Virginia.

Filed: July 1, 2005.

Attorney(s) appearing for the Case

Charles B. Mullins, II, Pineville, for Appellants.

Rochelle L. Brightwell, Pietragallo, Bosick & Gordon, Weirton, for Glen Falls Insurance Company.

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

Justice STARCHER dissents in part, concurs in part, and reserves the right to file a separate opinion.

BENJAMIN, Justice.

These consolidated actions are before the Court upon the appeal of the Appellant, Johnny Combs, defendant below, from the December 18, 2003 order of the Circuit Court of Wyoming County in Civil Action No. 02-C-257,1 and in Civil Action No. 03-C-27.2 By its December 18, 2003 order, the Circuit Court granted both the motion of the Appellee, Glen...

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