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GAUZE v. REED

No. 32787.

633 S.E.2d 326 (2006)

Walter GAUZE, Plaintiff Below, Appellee v. Chidetta REED and National Union Fire Insurance Company, Defendants Below. National Union Fire Insurance Company, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 5, 2006.

Concurring Opinion of Justice Benjamin July 11, 2006.

Attorney(s) appearing for the Case

Susan Van Zant, Esq., Williamson, Attorney for Appellee Walter Gauze.

Charles R. Bailey, Esq., Mark E. Troy, Esq., Tammy Bowles Raines, Esq., Bailey & Wyant, Charleston, Attorneys for Appellant National Union Fire Insurance Company.

Glen A. Murphy, Kathlene Harmon-McQueen, Esq., McQueen, Harmon & Murphy, Charleston, Attorneys for Appellee Chidetta Reed and the West Virginia Insurance Guaranty Association.

STARCHER, J.:

In this appeal from the Circuit Court of Mingo County, we are asked to resolve an insurance coverage dispute between an insurance company and the West Virginia Insurance Guaranty Association.

I.

Facts & Background

This dispute arises from a single-car accident that occurred on September 4, 2001. The complaint filed by the plaintiff-below, Walter Gauze, alleges that the defendant-below, Chidetta Reed, was the driver...

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