STATE of West Virginia ex rel. WEST VIRGINIA FIRE & CASUALTY COMPANY and Joe Kirtner, Petitioners,
v.
The Honorable Mark A. KARL, Judge of the Circuit Court of Marshall County, West Virginia, Jimmy Lee Price, and Nora Lee Price, Respondents.
STATE of West Virginia ex rel. WEST VIRGINIA FIRE & CASUALTY COMPANY; Chicago Insurance Company; Interstate Indemnity Company; State Farm Fire and Casualty Company; State Farm General Insurance Company; State Farm Mutual Automobile Insurance Company; The Celina Mutual Insurance Company; Republic Mutual Insurance Company; West Virginia Farmers Mutual Insurance Company and Canal Insurance Company, Petitioners,
v.
Honorable John T. MADDEN, Judge of the Circuit Court of Marshall County, Megan Barker, Bradley Barker, and All Others Similarly Situated, and Robert P. Fitzsimmons, Michael W. McGuane, and Thomas C. Schultz, Respondents.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted March 25, 1997.
Decided May 29, 1997.
Attorney(s) appearing for the Case
James A. Varner, Catherine D. Munster, Gregory H. Schillace, McNeer, Highland, McMunn and Varner, L.C., Clarksburg, for Petitioners.
R. Carter Elkins, Laura Gray, Campbell, Woods, Bagley, Emerson, McNeer and Herndon, Huntington, for State Farm Petitioners.
Robert P. Fitzsimmons, Russell Jay Guthrie, Fitzsimmons Law Office, Wheeling, Michael W. McGuane, Thomas C. Schultz, Wheeling, for Respondents.
Thomas V. Flaherty, Flaherty, Sensabaugh & Bonasso, Charleston, for Amici Curiae Continental Casualty Company, et al.
Heather Heiskell Jones, J. Michael Weber, Dean A. Furner, Spilman, Thomas & Battle, Parkersburg, for Amici Curiae The West Virginia Insurance Federation, et al.
Boyd L. Warner, G. Thomas Smith, Waters, Warner & Harris, Clarksburg, for Amicus Curiae United States Fidelity and Guaranty Company.
Eric K. Falk, Davies, McFarland & Carroll, P.C., Pittsburgh, PA, for Amici Curiae Tokio Marine & Fire Insurance and Houston General Insurance Company.
Richard C. Polley, Pittsburgh, PA, S. Jane Anderson, Gail W. Kahle, Dickie, McCamey & Chilcote, Wheeling, for Amici Curiae Quaker City Insurance Company, et al.
Mary H. Sanders, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, for Amici Curiae Shelby Insurance Company, et al.
Robert G. Steele, Steptoe & Johnson, Clarksburg, for Amici Curiae Church Mutual Insurance Company, et al.
David L. Wyant, Shuman, Annand & Poe, Wheeling, for Amici Curiae Dairyland Insurance and Sentry Insurance.
Brent L. Kesner, Kesner, Kesner & Bramble, Charleston, for Amici Curiae Ohio Farmers Insurance Company,Westfield Insurance Company and Westfield National Insurance Company.
Joseph J. Bosick, Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Amici Curiae Coregis Insurance Company, et al.
Phillip L. Schwartz, American Insurance Association, Inc., Washington, DC, J. Michael Weber, Spilman, Thomas & Battle, Parkersburg, for Amici Curiae Acceleration National Insurance Company and Yashuda Fire & Marine of America.
Supreme Court of Appeals of West Virginia.
STARCHER, Justice:
These are petitions for writs of prohibition from the Circuit Court of Marshall County. In the underlying cases, insurance companies for insureds who had injured a child paid money to the parents of the injured children and obtained the parents' signatures on settlement releases without obtaining court approval of the settlements.
The Circuit Court of Marshall County concluded that W.Va.Code, 44-10-14 [1929] requires court approval...
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