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STATE FARM MUT. AUTO. INS. CO. v. SCHATKEN

No. 11-1142.

737 S.E.2d 229 (2012)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant Below, Petitioner v. Jill F. SCHATKEN and Steven N. Schatken, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 16, 2012.

Attorney(s) appearing for the Case

E. Kay Fuller, Esq. , Michael M. Stevens, Esq. , Martin & Seibert, L.C., Martinsburg, WV, for Petitioner.

Laura C. Davis, Esq. , Stephen G. Skinner, Esq. , Andrew C. Skinner, Esq. , Skinner Law Firm, Charles Town, WV, for Respondents.

J. Michael Benninger , Benninger Law, Morgantown, WV, Christopher M. Turak , Gold Khourey & Turak, LC, Moundsville, WV, for Amicus Curiae, West Virginia Association of Justice's.

WORKMAN, Justice:

Petitioner/defendant below, State Farm Mutual Automobile Insurance Company (hereinafter "petitioner" or "State Farm"), appeals the July 7, 2011, order of the Circuit Court of Jefferson County, granting partial summary judgment to respondents/plaintiffs below, Jill and Steven Schatken, (hereinafter "respondents" or "Schatkens") on their declaratory judgment action. The circuit court found that both the "non-duplication" provision and reimbursement...

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