STATE of West Virginia ex rel. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner,
v.
Honorable Thomas A. BEDELL, Judge of the Circuit Court of Harrison County; Lana S. Eddy Luby; and Carla J. Blank, Respondents.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted January 25, 2011.
Decided April 1, 2011.
Dissenting Opinion of Justice Benjamin July 22, 2011.
Attorney(s) appearing for the Case
E. Kay Fuller , Michael M. Stevens , Martin & Seibert, L.C., Martinsburg, WV, for the Petitioner, State Farm Mutual Automobile Insurance Company.
Tiffany R. Durst , Pullin, Fowler, Flanagan, Brown, & Poe, PLLC, Morgantown, WV, for the Respondent, Lana S. Eddy Luby.
James D. Lamp , Matthew J. Perry , Lamp O'Dell Bartram Levy Trautwein & Perry, PLLC, Huntington, WV, for Amicus Curiae, National Insurance Crime Bureau.
D.C. Offutt, Jr. , Offutt Nord, PLLC, Huntington, WV, for Amicus Curiae, West Virginia Mutual Insurance Company.
Mary Jane Pickens , General Counsel, Victor A. Mullins , Associate Counsel, Offices of the West Virginia Insurance Commissioner, Charleston, WV, for Amicus Curiae, Jane L. Cline, West Virginia Insurance Commissioner.
Todd A. Mount , Shaffer & Shaffer, PLLC, Madison, WV and Lee Murray Hall , Jenkins Fenstermaker, PLLC, Huntington, WV and Jeffrey A. Holmstrand , Flaherty Sensabaugh & Bonasso, PLLC, Wheeling, WV, for Amicus Curiae, Defense Trial Counsel of West Virginia.
Supreme Court of Appeals of West Virginia.
DAVIS, Justice:
The petitioner herein, State Farm Mutual Automobile Insurance Company (hereinafter referred to as "State Farm"), requests this Court to issue a writ of prohibition to prevent the Circuit Court of Harrison County from enforcing its October 25, 2010, Protective Order. By the terms of that order, the circuit court restricted the manner in which State Farm would be permitted to use the medical records of the respondent herein, Carla J. Blank (hereinafter...
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