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ALLSTATE INS. CO. v. ASHLEY

Civ. A. No. 2:93-0081.

833 F.Supp. 583 (1993)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. Judy Ellen ASHLEY and Tom Ashley, Defendants.

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

October 8, 1993.

Attorney(s) appearing for the Case

Benjamin L. Bailey and Anthony A. Damiani, Bowles, Rice, McDavid, Graff & Love, Charleston, for plaintiff.

John R. Mitchell, Sr., Charleston, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross-motions for summary judgment filed by the Plaintiff and Defendants. For reasons discussed below, the Court concludes the Defendants may not stack their underinsured motorist coverage. The Court therefore GRANTS the Plaintiff's motion for summary judgment, and DENIES the Defendants' motion for summary judgment.

Under Rule 56(c) of the Federal Rules of Civil Procedure...

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