HAGER v. MARSHALL

No. 24746.

505 S.E.2d 640 (1998)

202 W.Va. 577

Sidney HAGER and Sandra Hager, his Wife and Attorney-in-Fact; Joshua C. Parks, an Infant Under the Age of Eighteen Years Who Sues By His Guardian, Father and Next Friend, Ronny L. Parks, and Ronny L. Parks; and Holley Beth Myers, an Infant Under the Age of Eighteen Years Who Sues By Her Guardian, Mother and Next Friend, Cynthia Phillips, and Cynthia Phillips, Plaintiffs Below, Appellees, v. James MARSHALL, Defendant Below, Appellee, v. The EQUITABLE INSURANCE COMPANY, a Foreign Corporation; Equitable Variable Life Insurance Company (EVLICO), a Subsidiary of the Equitable; Equico Securities, Inc., a Subsidiary of the Equitable Insurance Company; and Joe V. Funderburk, Third-Party Plaintiffs Below, Appellants, v. PACIFIC FIDELITY INSURANCE COMPANY, General Services Life Insurance Company, Kennesaw Life & Accident Insurance Company, Old Colony Life Insurance Company, Anchor Brokerage Centre, Inc., Aegon USA, Bankers United Life Assurance Company, and Aetna Life Insurance and Annuity Company, Third-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 18, 1998.


Attorney(s) appearing for the Case

Martin J. Glasser, John A.W. Lohmann, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, Carl S. Kravitz, Caplin & Drysdale, Washington, D.C., for Hager, et al.

John M. Slack, III, Mychal S. Schulz, Jackson & Kelly, Charleston, for Equitable, EVLICO & Funderburk.

Tammy R. Harvey, Robert P. Martin, Bastien & Martin, Charleston, for Pacific Fidelity, General Services Life, Aegon & Bankers United.

Thomas V. Flaherty, Christopher W. Jones, Flaherty, Sensabaugh & Bonasso, Charleston, for Anchor Brokerage Centre, Inc.


MAYNARD, Justice:

This case is before this Court upon appeal of two orders of the Circuit Court of Boone County entered upon April 15, 1997, and April 17, 1997. The appellants, The Equitable Insurance Company, Equitable Variable Life Insurance Company, Equico Securities, Inc., and Joe V. Funderburk [hereinafter "Equitable"] contend that the circuit court erred in finding that a settlement between the plaintiffs below and...

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