POTESTA v. U.S. FIDELITY & GUARANTY CO.

No. 24441.

504 S.E.2d 135 (1998)

202 W.Va. 308

Karen L. POTESTA, Cynthia P. Keane, dba C & K Associates, a General Partnership; and Bossio Enterprises, Incorporated, a Corporation, Plaintiffs, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a Corporation, Defendant. Karen L. POTESTA, Cynthia P. Keane, dba C & K Associates, a General Partnership; and Bossio Enterprises, Incorporated, a Corporation, Plaintiffs, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a Corporation, Defendant.

Supreme Court of Appeals of West Virginia.

Decided May 15, 1998.


Attorney(s) appearing for the Case

Avrum Levicoff, Joseph E. Starkey, Jr., Brown & Levicoff, L.C., Pittsburgh, PA, for Plaintiffs.

John E. Busch, Peter G. Zurbuch, Busch & Talbott, L.C., Elkins, for Defendant.


DAVIS, Chief Justice:

The United States Court of Appeals for the Fourth Circuit presents us with two certified questions involving the application of the doctrines of waiver and estoppel when an insurer has initially stated one reason for denying coverage to its insured and, in subsequent litigation, has attempted to assert another, previously unarticulated reason for denying coverage. We conclude that, in order to establish...

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