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FERRELL v. NATIONWIDE MUT. INS. CO.

No. 32050.

617 S.E.2d 790 (2005)

217 W.Va. 243

Brenton L. FERRELL and Kathleen D. Ferrell, Plaintiffs Below, Appellees, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Filed: July 8, 2005.

Attorney(s) appearing for the Case

Janet C. Williamson, Esq., Shott, Gurganus, Williamson & Magann, Bluefield, for Appellees.

Barbara J. Keefer, Esq., Maria Marino Potter, Esq., MacCorkle, Lavender, Casey & Sweeney, PLLC, Charleston, for Appellant.

Justice STARCHER delivered the Opinion of the Court.

STARCHER, J.

In this declaratory judgment action between an insurance company and its insureds from the Circuit Court of Mercer County, the circuit court certifies a question concerning the validity of certain insurance policy language. The language permits the insurance company to seek "reimbursement" of medical payments, made to an insured, from the insured when the insured has recovered damages for the...

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