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MARTIN OIL v. PHILADELPHIA LIFE INS.

No. 23813.

507 S.E.2d 367 (1997)

203 W.Va. 266

MARTIN OIL COMPANY, a West Virginia Corporation, Appellee, v. PHILADELPHIA LIFE INSURANCE COMPANY, a Corporation, Appellant, Professional Benefits Consultants, Inc., a Corporation, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1997.

Attorney(s) appearing for the Case

Charles G. Johnson, Marcia Allen Broughton, Simmerman & Broughton, Clarksburg, West Virginia, Attorneys for Appellee Martin Oil.

Anita R. Casey, Christopher J. Pyles, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, West Virginia, Attorneys for Professional Benefits.

C. David Morrison, Michael J. Florio, Steptoe & Johnson, Clarksburg, West Virginia, Attorneys for Philadelphia Life.

WORKMAN, Chief Justice:

Philadelphia Life Insurance ("PLI") appeals from the Circuit Court of Upshur County's decision prohibiting it from asserting a cross-claim against co-defendant Professional Benefits Consultants ("PBC") and a third-party complaint against non-party Rudolph Pellegrini under principles of implied indemnity. PLI also challenges the circuit court's decision not to dismiss this case, arguing that federal jurisdiction is preemptive given the references...

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