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Tom Flaherty and Tammy Harvey successfully defend appeal of lower court dismissal in insurance coverage case.
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


Flaherty

Harvey


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