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NATIONWIDE MUT. INS. CO. v. SHUMATE

No. Civ.A.2:98-1206.

63 F.Supp.2d 745 (1999)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. Todd Wilson SHUMATE, Defendant.

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

September 9, 1999.

Attorney(s) appearing for the Case

Maria Marino Potter, McQueen, Harmon & Potter, L.C., Charleston, WV, for plaintiff.

Sprague W. Hazard, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the parties' cross motions for summary judgment. The Court GRANTS the Plaintiff's motion and DENIES the Defendant's motion.

I. FACTUAL BACKGROUND

On January 27, 1999 Defendant Todd Shumate was driving a 1990 Nissan truck in Morgantown, West Virginia. Shumate's vehicle was struck by a 1985 Pontiac Firebird driven by Leroy D. Overton. After the collision...

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