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COLUMBIA CASUALTY COMPANY v. WESTFIELD INSURANCE COMPANY

No. 03-1811.

416 F.3d 301 (2005)

COLUMBIA CASUALTY COMPANY, Plaintiff-Appellant, v. WESTFIELD INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 25, 2005.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Michael Wakefield, Flaherty, Sensabaugh & Bonasso, P.L.L.C., Charleston, West Virginia, for Appellant. Brent Karleton Kesner, Kesner, Kesner & Bramble, Charleston, West Virginia, for Appellee. ON BRIEF: Michelle Marinacci, Flaherty, Sensabaugh & Bonasso, P.L.L.C., Charleston, West Virginia, for Appellant. Ellen R. Archibald, Kesner, Kesner & Bramble, Charleston, West Virginia, for Appellee.

Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.

Vacated and remanded by published PER CURIAM opinion.

OPINION

PER CURIAM.

Upon the appeal of this case, by order of certification filed July 21, 2004, 378 F.3d 424 (4th Cir.2004), we certified the following question to the Supreme Court of Appeals of West Virginia:

Under West Virginia law, were the suicidal deaths of Robinson and Everson, either or both, "occurrences" within the meaning of the Westfield...

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