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AMERICAN INS. CO. v. FRISCHKORN

No. CIV.A. 2:00-0618.

173 F.Supp.2d 514 (2001)

AMERICAN INSURANCE COMPANY, Plaintiff, v. Carl F. FRISCHKORN, et al., Defendants.

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

November 21, 2001.

Attorney(s) appearing for the Case

James R. Watson, Esquire, Steptoe & Johnson, Charleston, WV, for Plaintiff.

Richard F. Neely, Esquire, Neely & Hunter, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

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

I. FACTUAL BACKGROUND

Plaintiff American Insurance Company (AIC) is a Nebraska corporation. Defendants Carl F. Frischkorn and his wife Rebecca were at all relevant times West Virginia residents. On August 29, 1991 the Frischkorns...

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