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CARDINAL CAS. CO. v. S.E.C.U.R.E.

Civ. A. No. 2:93-0153.

842 F.Supp. 899 (1994)

CARDINAL CASUALTY COMPANY, Colony Insurance Company, Standard Exterminating Company, Inc. v. S.E.C.U.R.E., Homestead Insurance Company, Scottsdale Insurance Company.

United States District Court, S.D. West Virginia, Charleston Division.

February 2, 1994.

Attorney(s) appearing for the Case

Robert A. Lockhart, Heather Heiskell Jones, Spilman, Thomas, Battle & Klostermeyer, Charleston, WV, for plaintiffs Cardinal Cas. Co. and Colony Ins. Co.

J. Randolph Query, III, Charleston, WV, for plaintiff Standard Exterminating Co.

Derek W. Marsteller, Roy D. Baker, Jr., Richard L. Lancianese, Baker & Marsteller, Huntington, WV, for defendant S.E.C.U.R.E.

Anita R. Casey, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, WV, for defendant Homestead Ins. Co.

Mark W. Browning, Shuman, Annand & Poe, Charleston, WV, M. Paul Gorfinkel, Uniondale, NY, for defendant Scottsdale Ins. Co.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are motions for summary judgment filed by Defendants S.E.C.U.R.E., Homestead Insurance Company, and Scottsdale Insurance Company. Also pending is a cross motion for summary judgment filed by Plaintiffs Cardinal Casualty Company and Colony Insurance jointly. Because this case is governed by the principles enunciated in Mitcheson v. Harris, 955 F.2d 235

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