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BONIEY v. KUCHINSKI

No. 34152.

677 S.E.2d 922 (2009)

Jennifer BONIEY, Plaintiff Below, Appellee v. Brian KUCHINSKI, Defendant Below, Appellee State Farm Mutual Automobile Insurance Company, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 14, 2009.

Attorney(s) appearing for the Case

E. Kay Fuller, Esq., Martin & Seibert, Martinsburg, WV, for State Farm Automobile Insurance Company.

Joseph J. John, Esq., John Law Offices, Wheeling, WV, Daniel L. McCune, Esq., Sellitti, Nogay & McCune, Weirton, WV, for Jennifer Boniey.

BENJAMIN, Chief Justice:

State Farm Mutual Automobile Insurance Company, the appellant herein, appeals the September 14, 2007, order of the Circuit Court of Brooke County that granted summary judgment to Jennifer Boniey, the appellee, on the basis that the uninsured motor vehicle exclusion in Ms. Boniey's automobile insurance policy for vehicles "Designed for use mainly off public roads, except while on public roads" violates the letter and spirit of the uninsured...

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