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AMERICAN NAT PROPERTY & CAS CO v. CLENDENEN

No. 16-0290.

793 S.E.2d 899 (2016)

AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY, Plaintiff Below, Petitioner v. Tara CLENDENEN, James Clendenen, Mary A. Neese, Administratrix And Personal Representative of the Estate of Skylar Neese, Deceased, David Neese, and Mary A. Neese, Individually, Defendants Below, Respondents and Erie Insurance Property and Casualty Company, Plaintiff Below, Petitioner, v. Mary A. Neese, Individually and as Administratrix of the Estate of Skylar Neese, David Neese, Tara Clendenen, and Patricia Shoaf, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 17, 2016.

Attorney(s) appearing for the Case

Dwayne E. Cyrus, Esq. , Shuman, McCuskey & Slicer, PLLC, Charleston, West Virginia, Margaret L. Miner, Esq. , J. Robert Russell, Esq. , Shuman, McCuskey & Slicer, PLLC, Morgantown, West Virginia, Counsel for Petitioner, American National Property and Casualty Company.

Amy M. Smith, Esq. , Steptoe & Johnson PLLC, Bridgeport, West Virginia, Laurie C. Barbe, Esq. , Steptoe & Johnson, PLLC, Morgantown, West Virginia, Counsel for Petitioner, Erie Insurance Property & Casualty Company.

Jill Cranston Rice, Esq. , Morgantown, West Virginia, Andrew T. Kirkner, Esq. , Washington, DC, Counsel for Amicus Curiae, West Virginia Insurance Federation.

Michael Benninger, Esq. , Benninger Law, PLLC, Morgantown, West Virginia, Counsel for Respondents, Tara and James Clendenen and Sheila Eddy.

William L. Frame, Esq. , Wilson Frame & Metheney, PLLC, Morgantown, West Virginia, Counsel for Respondents, Mary and David Neese.

Paul W. Gwaltney, Jr., Esq. , Trevor K. Taylor, Esq. , Taylor Law Office, Morgantown, West Virginia, Counsel for Respondent, Patricia Shoaf.

This Court is presented with the following two certified questions from the United States District Court for the Northern District of West Virginia:

1. Applying West Virginia public policy and rules of contract construction, do the unambiguous exclusions in American National's policy for bodily injury or property damage...

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