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STATE EX REL. ERIE INS. v. MAZZONE

No. 33209.

648 S.E.2d 31 (2007)

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, Plaintiff Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided: June 7, 2007.

Concurring Opinion of Justice Starcher June 29, 2007.

Concurring Opinion of Justice Benjamin July 25, 2007.

Attorney(s) appearing for the Case

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

Christopher J. Regan, James G. Bordas, III, Bordas & Bordas, PLLC, Wheeling, for the Respondent, Elizabeth Murfitt.

ALBRIGHT, Justice.

For a second time in the underlying third-party bad faith action, Erie Insurance Property & Casualty Company (hereinafter referred to as "Erie") invokes the original jurisdiction of this Court1 in order to obtain a writ of prohibition to bar the enforcement of a discovery order of the Ohio County Circuit Court requiring disclosure of relevant reserves information to the plaintiff below, Elizabeth Murfitt. This Court...

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