DORSEY v. PROGRESSIVE CLASSIC INS. CO.

No. 12-1254.

753 S.E.2d 93 (2013)

Johanna DORSEY, Plaintiff Below, Petitioner v. PROGRESSIVE CLASSIC INSURANCE COMPANY, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 13, 2013.


Attorney(s) appearing for the Case

David A. Jividen, Esq. , Chad C. Groome, Esq. , Jividen Law Offices, P.L.L.C., Wheeling, WV, for the Petitioner.

E. Kay Fuller, Esq. , Martin & Seibert, L.C., Martinsburg, WV, for the Respondent.

Jill Cranston Rice, Esq. , Mychal Sommer Schulz, Esq. , Jacob A. Manning, Esq. , Dinsmore & Shohl, LLP, Charleston, WV, for amicus curiae West Virginia Insurance Federation.


KETCHUM, Justice:

Johanna Dorsey ("Dorsey") appeals the August 29, 2012, order of the Circuit Court of Ohio County which dismissed her action against Progressive Classic Insurance Company ("Progressive"). Dorsey, a guest passenger in a vehicle insured by Progressive, received medical payments coverage under the Progressive policy. Those payments were for some of the medical expenses she incurred for the treatment of her injuries caused when the vehicle was rear-ended...

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