STRUM v. SWANSON

No. 33285.

653 S.E.2d 667 (2007)

Stacey A. STRUM and Nicole A. Elliott, as Co-Administratrix of the Estate of Cheryl Ann Kettlewell, Deceased, Plaintiffs Below, Appellees v. Traci Marie SWANSON; State Farm Mutual Automobile Insurance Company, A Foreign Corporation; Allstate Indemnity Company, and Debbie Dalrymple and Stephen Kelley, doing Business as The Lounge, A Liquor Tavern in Friendly, Tyler County, West Virginia; Defendants Below, State Farm Mutual Automobile Insurance Company, a Foreign Corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 26, 2007.


Attorney(s) appearing for the Case

E. Kay Fuller, Christopher R. Moore, Martin & Seibert, L.C., Martinsburg, WV, and Michael G. Gallaway, Spilman, Thomas & Battle, P.L.L.C., Wheeling, WV, for the Appellant.

Christine Machel, William E. Watson, William E. Watson & Associates, Wellsburg, WV, for the Appellee.

Mychal Sommer Schulz, Jill Cranston Bentz, Ryan J. Aaron, Dinsmore & Shohl, L.L.P., Charleston, WV, for Amicus Curiae, West Virginia Insurance Federation.


ALBRIGHT, Justice.

This is an appeal by State Farm Mutual Automobile Insurance Company (hereinafter "State Farm") from an April 19, 2006, order of the Circuit Court of Tyler County granting summary judgment to the Appellees, Stacey A. Strum and Nicole A. Elliott, acting as co-administratrixes of the Estate of Cheryl Ann Kettlewell, in an underinsured motorist (hereinafter "UIM") coverage claim. The circuit court also denied State Farm's motion for summary judgment...

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