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PUTNAM BANCSHARES v. PROGRESSIVE CLASSIC

No. 34769.

692 S.E.2d 658 (2010)

PUTNAM BANCSHARES, INC., a West Virginia Corporation d/b/a Putnam County Bank and T.C.'s Used Cars, LLC, a West Virginia limited liability company, Appellees, v. PROGRESSIVE CLASSIC INSURANCE COMPANY, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 5, 2010.

Attorney(s) appearing for the Case

R. Carter Elkins, Esq., Laura L. Gray, Esq., Campbell Woods, PLLC, Huntington, WV, for Appellant.

Christopher S. Smith, Esq., Hoyer, Hoyer & Smith PLLC, Charleston, WV, for Appellee, T.C.'s Used Cars, LLC.

Jill C. Bentz, John M. Canfield, Dinsmore & Shohl, LLP, Charleston, WV, for Amicus Curiae West Virginia Insurance Federation.

KETCHUM, J.:

Progressive Classic Insurance Company (hereafter "Progressive") appeals an order of the Circuit Court of Putnam County granting summary judgment in favor of the Appellee T.C.'s Used Cars for $14,390.43, together with interest and costs. The circuit court found that Progressive had issued a renewal automobile insurance policy and thereafter improperly cancelled that policy without giving notice to the insured and to the loss payee of Progressive's intent...

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