American States Insurance v. Barbara Surbaugh

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Petitioner appeals from the Greenbrier County Circuit Court's order entered on July 21, 2011, denying petitioner's renewed motion for judgment as a matter of law. This appeal arises in the insurance declaratory judgment portion of a bifurcated case involving a wrongful death and deliberate intention. The circuit court determined that there was an issue of fact as to whether an insurance policy exclusion was sufficiently brought to the attention of the insured, and it submitted that question to a jury. Following a jury trial on that sole issue, the jury answered that question in the negative after which the circuit court ordered that the insurance policy exclusion was void.