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AMERICAN STATES INS. CO. v. SURBAUGH

No. 11-1186.

745 S.E.2d 179 (2013)

AMERICAN STATES INSURANCE COMPANY, Defendant Below, Petitioner, v. Barbara SURBAUGH, Administrator of the Estate of Gerald Kirchner, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided February 6, 2013.

Concurring Opinion of Justice Ketchum February 6, 2013.

Concurring Opinion of Chief Justice Benjamin July 16, 2013.

Attorney(s) appearing for the Case

Avrum Levicoff , Julie A. Brennan , Levicoff, Silko & Deemer, P.C., Pittsburgh, PA, for Petitioner.

Barry L. Bruce , Barry L. Bruce and Associates, L.C., Lewisburg, WV, for Respondent.

DAVIS, Justice:

American States Insurance Company ("American States"), defendant below, appeals from an adverse jury verdict in an insurance coverage declaratory judgment action brought by Barbara Surbaugh ("Ms. Surbaugh"),1 plaintiff below. Before this Court, American States contends that the circuit court erred in submitting the insurance coverage issue to a jury as a matter of law and erred in denying its motion for summary judgment...

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