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BROWN v. COMMUNITY MOVING & STORAGE

No. 20271.

414 S.E.2d 452 (1992)

Sharron D. BROWN, as Administratrix of the Estate of Sidney D. Brown and as Next Friend of Decedent's Infant Daughters, Bethany Brown, Kelly Brown and Melissa Brown, Appellee, v. COMMUNITY MOVING & STORAGE, INC., a West Virginia Corporation, Roy W. McNemar, Appellees, Home Insurance Company, a Foreign Corporation, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 6, 1992.

Attorney(s) appearing for the Case

Jeffrey V. Mehalic, Hostler & Segal, Charleston, for appellee, Sharron Brown.

Anita R. Casey, Robert P. Martin, Meyer, Darraugh, Buckler, Bebenek & Eck, Charleston, for appellant.

NEELY, Justice:

Sharron D. Brown brought suit against Community Moving & Storage, Inc. (Community Moving), Roy W. McNemar, and The Home Insurance Company (Home Insurance) in the Circuit Court of Harrison County for the wrongful death of Sidney D. Brown in a car accident. The circuit court denied Home Insurance's motion for summary judgment and granted Ms. Brown's motion for summary judgment, holding that Home Insurance had a duty to defend and indemnify Community...

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