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WITT v. SUTTON

No. 35698.

725 S.E.2d 195 (2011)

Michael W. WITT, Plaintiff Below, Appellant v. Robert K. SUTTON; State Farm Mutual Automobile Insurance Company, an Illinois corporation; and St. Paul Fire and Marine Insurance Company, a Minnesota corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 14, 2011.

Attorney(s) appearing for the Case

Marvin W. Masters, Esq. , Kelly Elswick-Hall, Esq. , The Masters Law Firm, LC, Charleston, WV, for Appellant.

Charles S. Piccirillo, Esq. , Sabrena Olive Gillis, Esq. , Shaffer & Shaffer, PLLC, Charleston, WV, for Appellee State Farm.

PER CURIAM:

In this appeal from the Circuit Court of Kanawha County, we are asked to examine a summary judgment order finding that a plaintiff was not entitled to medical payments coverage under the plaintiff's personal automobile insurance policy.

The plaintiff was injured in a automobile collision while on the job, while driving his employer's vehicle. When the plaintiff made a claim for coverage under the medical payments portion of his own personal automobile...

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