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WESTFIELD INS. CO. v. PAUGH

No. Civ.A. 3:03CV43.

390 F.Supp.2d 511 (2005)

WESTFIELD INSURANCE COMPANY, an Ohio Corporation, Plaintiff, v. Scott E. PAUGH; and Susan K. Paugh, husband and wife; and Smith-Nadenbousch Insurance, Inc., Defendants, and Scott E. Paugh; and Susan K. Paugh, husband and wife; and Smith-Nadenbousch Insurance, Inc., Counterclaim and Third-Party Plaintiffs, v. Westfield Insurance Company, an Ohio Corporation, Counterclaim Defendant, and Aaron Lewis and North Queen Auto Sales, Inc., a West Virginia Corporation, Third-Party Defendant.

United States District Court, N.D. West Virginia.

September 29, 2005.

Attorney(s) appearing for the Case

Brent K. Kesner, Ernest G. Hentschel, II, Kesner, Kesner & Bramble, PLLC, Charleston, WV, for Plaintiff/Counterclaim Defendant.

Daniel R. Schuda, M. Andrew Brison, Schuda & Associates, PLLC, Charleston, WV, Michael W. McGuane, McGuane Law Offices, Robert P. Fitzsimmons, Fitzsimmons Law Offices, Wheeling, WV, Christopher P. Bastien, Morgantown, WV, for Defendants/Counterclaim and Third-Party Plaintiffs.

MEMORANDUM OPINION AND ORDER

BROADWATER, District Judge.

I. INTRODUCTION

On January 24, 2005, and again on January 27, 2005, the above-captioned matter came before the Court for consideration of the parties' cross-motions for summary judgment on an insurance coverage issue. The insurance coverage issue is whether the Paughs have 1 million dollars of uninsured/underinsured motorist (UM/UIM) umbrella coverage applicable to a May 29, 2002,...

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