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COLLINS v. HEASTER

No. 31971.

619 S.E.2d 165 (2005)

217 W.Va. 652

Tom COLLINS, Plaintiff Below, Appellant v. Karen HEASTER, as Administratrix for the Estate of David Heaster and John DOE, Defendants Below, Appellees

Supreme Court of Appeals of West Virginia.

Decided June 21, 2005.

Concurring and Dissenting of Justice Starcher July 14, 2005.

Attorney(s) appearing for the Case

Roger D. Curry, Amy J. Swisher, Curry & Swisher, PLLC, Fairmont, West Virginia, Attorney for Appellant.

Thomas G. Steele, Steele Law Offices, Clarksburg, West Virginia, Attorney for Appellee Allstate Insurance Company.

BENJAMIN, Justice:

The instant appeal arises from the Circuit Court of Harrison County's November 26, 2003 entry of an order granting Allstate Insurance Company's ["Allstate's] motion to dismiss Appellant's "John Doe" claim insofar as the claim was asserted under a policy of insurance issued by Allstate to its insured, David Heaster. In its order, the circuit court clarified its reasoning supporting a prior order granting summary judgment to Karen Heaster, Administratrix...

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