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WEST VIRGINIA FIRE & CAS. CO. v. STANLEY

No. 31230, 31532.

602 S.E.2d 483 (2004)

216 W.Va. 40

WEST VIRGINIA FIRE & CASUALTY COMPANY, Plaintiff Below, Appellee, v. Cass-Sandra Marko Gene STANLEY, Sandra Stanley, Roxanna Holcomb, Glen Stanley, Helen Stanley and Jesse Stanley, Defendants Below. Cass-Sandra Marko Gene Stanley and Sandra Stanley, Defendants Below, Appellants and West Virginia Fire & Casualty Company, Plaintiff Below, Appellee, v. Cass-Sandra Marko Gene Stanley, Sandra Stanley, Roxanna Holcomb, Glen Stanley, Helen Stanley and Jesse Stanley, Defendants Below Gene Stanley, Helen Stanley and Jesse Stanley, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided May 21, 2004.

Concurring Opinion of Justice Starcher July 8, 2004.

Attorney(s) appearing for the Case

Catherine D. Munster, Esq., Debra Tedeschi Herron, Esq., James A. Varner, Esq., McNeer, Highland, McMunn & Varner, Clarksburg, West Virginia, Attorneys for West Virginia Fire & Casualty Company.

Gary S. Wigal, Esq., Gianola, Barnum & Wigal, Morgantown, West Virginia, Attorney for Cass-Sandra Marko Gene Stanley and Sandra Stanley.

Raymond G. Musgrave, Esq., Musgrave Law Office, Point Pleasant, West Virginia, Attorney for Glen Stanley, Helen Stanley and Jesse Stanley.

MAYNARD, Chief Justice:

In this appeal from the Circuit Court of Mason County, we are asked to review an order granting summary judgment to an insurance company in a declaratory judgment action. Specifically, the circuit court found that the insurance company has no duty to its insureds in an action arising from the alleged sexual misconduct of an insured minor because coverage is precluded by the "accident" requirement and "intentional-injury" exclusion in the pertinent...

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