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BUTTS v. ROYAL VENDORS, INC.

No. 24743.

504 S.E.2d 911 (1998)

202 W.Va. 448

Joe D. BUTTS, Appellee, v. ROYAL VENDORS, INC. and Eric Ingersoll, Defendants Below, Royal Vendors, Inc., Appellant, Aetna Insurance Company, Intervenor/Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 2, 1998.

Attorney(s) appearing for the Case

Harley O. Staggers, Jr., Staggers & Staggers, Paul E. Lane, Martinsburg, for Joe D. Butts.

Michael D. Lorensen, Bowles, Rice, McDavid, Graff & Love, Martinsburg, for Royal Vendors, Inc.

Mary H. Sanders, James C. Stebbins, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, for Aetna Insurance Co.

PER CURIAM:1

Appellant Royal Vendors, Inc. seeks a reversal of the order of the Circuit Court of Jefferson County entered on March 21, 1997, finding that its commercial liability insurer, Aetna Insurance Company ("Aetna"), has no duty to indemnify and defend it in connection with a civil action brought against it by former employee Joe D. Butts. Upon examination of this issue, we determine that the lower court erred as to Aetna's duty...

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