FEDERAL KEMPER INS. CO. v. WHEELER

Civ. A. No. 2:91-0357.

786 F.Supp. 565 (1992)

FEDERAL KEMPER INSURANCE COMPANY, Plaintiff, v. Roger WHEELER, Barbara Jo Wheeler, individually and as next friend for Timothy Wheeler and Jennifer Wheeler, infants, John Johnson, Administrator of the Estate of Linda Lenore Adkins, deceased, Rodney W. Johnson, individually and as next friend of Jeffrey A. Johnson, an infant under the age of 18 years, Tiffany D. Johnson, an infant under the age of 18 years, and Lori Adkins, an infant under the age of 18 years, who sues by and through her next friend, John Johnson, Thomas Adkins, Jr., individually and in his capacity as Guardian of Lori Adkins, Christina J. Harper, individually and as Guardian and next friend of Kristina R. Harper, an infant under the age of 18 years, American States Insurance Company, and Kentucky Central Insurance Company, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

March 10, 1992.


Attorney(s) appearing for the Case

Milton T. Herndon and James W. Gabehart, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Charleston, W.Va., for plaintiff.

Michael T. Clifford, Charleston, W.Va., for Thomas Adkins, Jr.

Rodney W. Johnson and Thomas P. Maroney, Charleston, W.Va., for John Johnson.

John R. McGhee, Jr., Kay, Casto, Chaney, Love & Wise, Charleston, W.Va., for American States Ins. Co.

Deborah E. Haverty and Kathy Harman McQueen, McQueen Law Offices, L.C., Charleston, W.Va., for Kentucky Cent. Ins. Co.

Patrick B. Boggs, Charleston, W.Va., for Roger Wheeler and Barbara Jo Wheeler.

John T. Meisner, Hoyer, Hoyer & Smith, Charleston, W.Va., for Christina J. Harper.


MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

By motion for summary judgment Plaintiff seeks a declaratory ruling establishing the policy limits of underinsured motorist coverage on a 1983 Datsun Sentra owned by its insured, Homer Spinks.

On August 28, 1987, the insured vehicle was involved in an accident with an automobile operated by Wayne Casey and owned by his wife. Kristina R. Harper, Barbara Wheeler, Jennifer Wheeler, Timothy Wheeler, Linda...

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