Supreme Court of Appeals of West Virginia

 Argument Docket  
Wednesday, June 11, 2003

1. A SER Bell & Bands, P.L.L.C. v. Hon. Tod J. Kaufman, Judge, et al.  - 31265 - No summary available. - Continued to June 17.

2.  Robert M. Lovell v. State Farm Mutual Insurance Co., et al.  - 31059 - This is a civil appeal seeking compensatory and punitive damages for harm caused to petitioners separate suit against USF&G, et al, involving breach of contract and bad faith insurance litigation. The Circuit Court entered an order granted a motion for summary judgment in favor of the defendants, State Farm Mutual Insurance Company. The case was summarily dismissed with prejudice. -  To be submitted on briefs only without oral argument.

3. West Virginia Insurance Guaranty Assoc. v. Marlyn L. Potts, et al. - 31033 - The Petitioners, the Potts family, appeal asserting that on remand the Circuit Court of Ohio County failed to follow the directives of this Court in West Virginia Insurance Guaranty Association v. Potts, 550 S.E.2d 660 (W.Va. 1991) (reversed and remanded with directions). - Continued.

4.  Frances A. Horton Joslin, Admx., et al. v. Thomas Mitchell, et al. - 31035 - State Farm appeals from the circuit court's order finding that the underinsured motorist coverage provisions in various policies of insurance issued by State Farm to members of the decedents' household could be stacked, notwithstanding State Farm's multi-car discount and the unambiguous anti-stacking language in those policies. The circuit court also found that plaintiffs were entitled to the "each accident" limits of liability, rather than the "each person" limits, and entered judgment in favor of plaintiffs in the amount of $1.3 million.

5.  Margaret Ways, et al. v. Imation Enterprises Corp., et al.  - 31062 - Plaintiffs appeal from the circuit court's order denying class certification in this action for damages based upon breach of contract and discrimination in employment. 

6. SER City of Benwood v. Hon. Mark A. Karl, Judge, et al.  - 31276 - Dismissed.

7. SER Sara Rebecca Haselby v. Jerry L. Detrick, Adm., et al.  - 31281 - Petitioner seeks issuance of writ of habeas corpus alleging ineffective assistance of counsel and denial of rights.  - Dismissed.

Tuesday, June 10, 2003