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November 2007
In November the West Virginia Supreme Court of Appeals denied a Petition
for Appeal in which the plaintiff challenged the trial court's order
granting summary judgment in favor of the insurance company in a
coverage matter. The plaintiff argued that the lower court erred in
finding that Alabama law applied to resolve the coverage issues or, in
the alternative, that if Alabama law did apply, coverage was excluded
under Alabama law. The lower court found that coverage was properly
excluded under a garage liability policy for an accident which occurred
in Alabama. In West Virginia, appeals in civil cases are wholly
discretionary for the Supreme Court of Appeals, the sole appellate court
in the State.
Contact:
Thomas V. Flaherty
tomf@fsblaw.com
Tammy R. Harvey tammyh@fsblaw.com
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