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LEMASTERS v. NATIONWIDE MUT. INS. CO.

No. 12-0774.

751 S.E.2d 735 (2013)

Wayne A. LEMASTERS and Mary Joan Lemasters, Plaintiffs Below, Petitioners v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 29, 2013.

Dissenting Opinion of Justice Davis November 18, 2013.

Attorney(s) appearing for the Case

Christopher J. Regan, Esq. , James G. Bordas, III, Esq. , Scott S. Blass, Esq. , Michelle L. Marinacci, Esq. , Bordas and Bordas, PLLC, Wheeling, WV, for the Petitioners.

Ronda L. Harvey, Esq. , Bowles Rice LLP, Charleston, WV, Ashley P. Hardesty, Esq. , Bowles Rice LLP, Morgantown, WV, for the Respondent.

PER CURIAM:

The petitioners, Wayne A. Lemasters and Mary Joan Lemasters, appeal the May 16, 2012, order of the Circuit Court of Marshall County that denied attorney fees, costs and expenses incurred in the prosecution of bad faith allegations against the respondent, Nationwide Mutual Insurance Company ("Nationwide"). In this order, the court awarded attorney fees, costs and expenses pursuant to our holding in Hayseeds, Inc. v. State Farm Fire & Casualty,

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