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STATE EX REL. BRISON v. KAUFMAN

Nos. 31114, 31115.

584 S.E.2d 480 (2003)

213 W.Va. 624

STATE of West Virginia ex rel. M. Andrew BRISON and Rebecca Stepto, Petitioners v. The Honorable Tod J. KAUFMAN, Judge of the Circuit Court of Kanawha County, and Deborah K. Falls, Administratrix of the Estate of Cledith Lee Falls, Jr., Deceased, Respondents. and State of West Virginia ex rel. Nationwide Mutual Insurance Company and Ash Cowder, Jr., Petitioners v. The Honorable Tod J. Kaufman, Judge of the Circuit Court of Kanawha County, and Deborah K. Falls, Administratrix of the Estate of Cledith Lee Falls, Jr., Deceased, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 13, 2003.

Concurring Opinion of Justice Davis June 24, 2003.

Attorney(s) appearing for the Case

Daniel R. Schuda, Schuda & Associates, Charleston, for M. Andrew Brison and Rebecca Stepto, Petitioners.

Barbara J. Keefer, Maria Marino Potter, MacCorkle, Lavender, Casey and Sweeney, Charleston, for Nationwide Mutual Insurance Company and Ash Cowder, Jr., Petitioners.

John Einreinhofer, Robin L. Godfrey, Charleston, for Deborah K. Falls, Respondent.

Paul T. Farrell, Jr., Wilson, Frame, Benninger & Metheney, Morgantown, Michael J. Romano, Romano Law Offices, Clarksburg, for West Virginia Trial Lawyers Association, Amicus Curiae.

Marc E. Williams, J. David Bolen, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for Defense Research Institute, Amicus Curiae.

James S. Crockett, Jr., Mary M. August, Spilman, Thomas & Battle, for West Virginia Insurance Federation, Amicus Curiae.

Henry W. Jernigan, Jr., Dinsmore & Shohl, Charleston, Lucien G. Lewin, Bridget M. Cohee, Martinsburg, for Defense Trial Counsel of West Virginia, Amicus Curiae.

Robert D. Aitcheson, Charles Town, David P. Greenberg, Martinsburg, for Ok Cha and Robert Collins, Amicus Curiae.

McGRAW, Justice:

In these original proceedings, an insurance company, its former claims representative and two of its former attorneys seek to prohibit the enforcement of a January 7, 2003, pre-trial discovery order entered in a "bad faith" and unfair trade practices action filed in the Circuit Court of Kanawha County, West Virginia. Specifically, Nationwide Mutual Insurance Company, claims representative Ash Cowder, Jr...

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