Ellis v. New Hampshire Ins.

This is an appeal by Glyn Dial Ellis from a summary judgment granted against him in the Circuit Court of Logan County. The appellant contends among other things that at the time of the entry of summary judgment, genuine issues of material fact remained in the case and that, therefore, the entry of summary judgment was improper. We agree.

On March 8, 1977, the New Hampshire Insurance Company issued an insurance policy to the appellant for coverage of a building located at 208-211 Riverview Avenue, Logan, West Virginia. When the policy was issued, the building housed a new automobile sales and…