CONSOLIDATION COAL v. BOSTON OLD COLONY

Nos. 24752, 24753.

508 S.E.2d 102 (1998)

203 W.Va. 385

CONSOLIDATION COAL COMPANY, a Corporation, and Jack E. Lowe, Plaintiffs Below, v. BOSTON OLD COLONY INSURANCE COMPANY, a Corporation; M.A. Heston, Inc., a Corporation; and Omni Drilling, Inc., a Corporation, Appellees. CONSOLIDATION COAL COMPANY, a Corporation, and Jack E. Lowe, Plaintiffs Below, v. BOSTON OLD COLONY INSURANCE COMPANY, a Corporation, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 17, 1998.


Attorney(s) appearing for the Case

Robert M. Steptoe, Jr., Esq., Larry J. Rector, Esq., Lori Dawkins, Esq., Stephen D. Williams, Esq., Steptoe & Johnson, Clarksburg, West Virginia, Robert M. Vukas, Esq., Senior Counsel, CONSOL, Inc., Pittsburgh, Pennsylvania, Attorneys for Plaintiffs Below.

D.C. Offutt, Jr., Esq., Chad S. Lovejoy, Esq., Scott W. Andrews, Esq., Offutt, Fisher & Nord, Huntington, West Virginia, Attorneys for Boston Old Colony.

James A. Liotta, Esq., Tharp, Liotta, Janes & Yokum, Fairmont, West Virginia, Attorney for M.A. Heston & Omni Drilling.


MAYNARD, Justice:

This consolidated action1 is before this Court upon an appeal of final orders of the Circuit Court of Monongalia County entered upon May 31, 1996, November 27, 1996, and April 9, 1997.2 Following a coal silo fire at its Loveridge Mine in 1991 and a mine shaft explosion at its Blacksville No. 1 Mine in 1992, appellant, Consolidation Coal Company...

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