PASQUALE v. OHIO POWER CO.

No. 19940.

413 S.E.2d 156 (1991)

Daphne Colleen PASQUALE, Personal Representative of the Estate of Michael David Pasquale, Plaintiff Below, Appellee, v. OHIO POWER COMPANY, an Ohio Corporation, and Central Operating Company, a West Virginia Corporation, Defendants and Third-Party Plaintiffs Below, Appellants. GALLIA REFRIGERATION, INC., aka Pasquale Electric Company, an Ohio Corporation, Defendant Below, Appellee, v. The TRAVELERS INSURANCE COMPANY, a Connecticut Corporation; the Travelers Indemnity Company, a Connecticut Corporation; and the Travelers Indemnity Company of Rhode Island, a Rhode Island Corporation, Third-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 19, 1991.


Attorney(s) appearing for the Case

Harvey D. Peyton, Calwell, McCormick & Peyton, L.C., Nitro, Ronald R. Morgan, II, Pt. Pleasant, for the appellee Daphne Colleen Pasquale.

John M. Slack, III, Gale R. Lea, Jackson & Kelly, Charleston, for the appellee Gallia Refrigeration, Inc.

Timothy M. Miller, R. Clarke Vandervort, Robinson & McElwee, Charleston, for appellants Ohio Power Co. and Cent. Operating Co.

Michael J. Farrell, Charlotte A. Huffman, Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, for the appellee The Travelers Ins. Co., The Travelers Indem. Co., and the Traverlers Indem. Co. of Rhode Island.


MILLER, Chief Justice:

Ohio Power Company and Central Operating Company (the Power Companies) appeal a final order of the Circuit Court of Mason County, dated February 6, 1990, dismissing their third-party claims against Gallia Refrigeration, Inc., also known as Pasquale Electric Company, and their third-party complaint against The Travelers Insurance Company (Travelers) for a declaration of coverage. We find that the trial...

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