SAVARESE v. ALLSTATE INS. CO.

No. 33443.

672 S.E.2d 255 (2008)

Frank A. SAVARESE, Plaintiff Below, Appellant, v. ALLSTATE INSURANCE COMPANY, Kim Jozsa Lashwanda Carter, and Kira Hill, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided: September 26, 2008.

Dissenting Opinion of Justice Starcher December 30, 2008.


Attorney(s) appearing for the Case

David A. Jividen, Chad C. Groome, Jividen Law Offices, PLLC, Wheeling, for Appellant.

Brent K. Kesner, Ellen R. Archibald, Tanya M. Kesner, Kesner, Kesner & Bramble, PLLC, Charleston, for Appellees.


BENJAMIN, Justice.

In the instant matter, Appellant Frank A. Savarese (hereinafter "Mr. Savarese") seeks reversal of the Circuit Court of Ohio County's October 11, 2006, Memorandum Opinion and Order dismissing, without prejudice, this first party bad faith action, pursuant to West Virginia Code § 56-1-1(c)(2003), for lack of subject matter jurisdiction. After thorough consideration of the arguments of the parties, the record below and all pertinent legal authorities...

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