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STATE EX REL. ERIE INS. CO. v. MAZZONE

No. 32777.

625 S.E.2d 355 (2005)

218 W.Va. 593

STATE of West Virginia ex rel. ERIE INSURANCE PROPERTY & CASUALTY COMPANY, Defendant Below, Petitioner v. The Honorable James P. MAZZONE, Judge of the Circuit Court of Ohio County, and Elizabeth Murfitt, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 30, 2005.

Concurring Opinion of Justice Davis December 6, 2005.

Attorney(s) appearing for the Case

Robert J. Behling, Christopher M. Jacobs, Dapper, Baldasare, Benson, Behling & Kane, P.C., Pittsburgh, PA, for the Petitioner.

James G. Bordas, III, James B. Stoneking, Bordas & Bordas, P.L.L.C., Wheeling, for the Respondent, Elizabeth Murfitt.

ALBRIGHT, Chief Justice:

As the defendant below, Erie Insurance Property & Casualty Company (hereinafter referred to as "Erie"), invokes the original jurisdiction of this Court in order to prohibit enforcement of the March 30, 2005, order of the Ohio County Circuit Court directing disclosure of claims file documents in an underlying third-party bad faith action brought by Elizabeth Murfitt, plaintiff below. The particular Erie documents at issue pertain to

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