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LIBERTY MUT. v. TRIANGLE INDUSTRIES

No. CC999.

390 S.E.2d 562 (1990)

LIBERTY MUTUAL INSURANCE COMPANY v. TRIANGLE INDUSTRIES, INC., and Triangle PWC, Inc. v. WAUSAU INSURANCE COMPANIES and Employers Insurance of Wausau; New Jersey Property-Liability Guaranty Association, on Behalf of Ideal Mutual Insurance Company, in Liquidation, and Zurich-American Insurance Company, Severally and in the Alternative.

Supreme Court of Appeals of West Virginia.

February 21, 1990.

Attorney(s) appearing for the Case

James P. Whitters, III, Martha J. Koster, Lee H. Glickenhaus, Gaston & Snow, Boston, Mass., James F. Companion, Frederick P. Stamp, Jr., Patrick S. Casey, Schrader, Stamp, Byrd, Byrum & Companion, Wheeling, for Liberty Mut. Ins. Co.

Michael E. Runyon, Washington, D.C., John Skaggs, Charleston, for New Jersey Property.

J. Greg Goodykoontz, Steptoe & Johnson, Clarksburg, Stephen M. Orlofsky, Carlo Scarmella, Blank, Rome, Comisky & McCauley, Cherry Hill, N.Y., for Triangle Industries, Inc.

Anthony R. Zelle, Wm. Gerald McElroy, Jr., Zelle & Larson, Waltham, Mass., Patrick S. Cassidy, O'Brien, Cassidy & Gallagher, Wheeling, for Wausau Ins. Co.

William A. Trainer, J. Michael Weber, Parkersburg, Robert J. Bates, Jr., Phelan, Pope & John, Ltd., Chicago, Ill., for Zurich-American Ins. Co.

BROTHERTON, Justice:

This case involves two questions certified to this Court from the United States District Court for the Northern District of West Virginia. The district court asks that we answer the following:

1. Does West Virginia's substantive law apply to the interpretation of the insurance policies at issue?

2. If so, do the insurance policies at issue give rise to a duty to defend and indemnify the insured by the respective insurers?

...

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