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HORKULIC v. GALLOWAY

Nos. 33352, 33353.

665 S.E.2d 284 (2008)

Jeffrey A. HORKULIC, Rebecca A. Horkulic, His Wife, and Jeffrey Horkulic, as Natural Parent and Legal Guardian of Stephanie Horkulic and Benjamin Horkulic, Minors, Plaintiffs Below, Appellees v. William O. GALLOWAY, Galloway Law Offices, Cambridge Professional Liability Services, and Acordia of West Virginia, Inc., and John Does Unknown, Defendants Below, and TIG Insurance Company, Defendant Below, Appellant. TIG Insurance Company, Petitioner v. The Honorable Arthur M. Recht; William O. Galloway, Galloway Law Offices; Cambridge Professional Liability Services and John Does Unknown; Jeffrey A. Horkulic; Rebecca A. Horkulic, his Wife, and Jeffrey Horkulic, as Natural Parent and Legal Guardian of Stephanie Horkulic and Benjamin Horkulic, Minors, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 19, 2008.

Concurring Opinion of Justice Davis February 21, 2008.

Attorney(s) appearing for the Case

Thomas V. Flaherty, Tammy R. Harvey, Jaclyn A. Bryk, Flaherty, Sensabaugh & Bonasso, PLLC, Charleston, for the Appellant.

Joseph W. Selep, Zimmer Kunz, PLLC, Pittsburgh, PA, for the Appellees, William O. Galloway and Galloway Law Offices.

Robert P. Fitzsimmons, Robert J. Fitzsimmons, Fitzsimmons Law Offices, Wheeling, and Dean G. Makricostas, David N. Dittmar, Daniel P. Taylor, Dittmar Taylor & Makricosts, PLLC, Weirton, for Appellees, Jeffrey A. Horkulic; Rebecca A. Horkulic, his wife, and Jeffrey Horkulic, as Parent and Natural Guardian of Stephanie Horkulic and Benjamin Horkulic, Minors.

ALBRIGHT, Justice:

This matter is before this Court upon an appeal by TIG Insurance Company (hereinafter "Appellant" or "TIG") from an August 25, 2006, order of the Circuit Court of Hancock County granting a Motion to Compel Enforcement of Compromise Settlement Agreement filed by the Appellees, Jeffrey Horkulic, Rebecca Horkulic, and Jeffrey Horkulic as natural parent and legal guardian of Stephanie Horkulic and Benjamin Horkulic (hereinafter "Appellees" or "Horkulics...

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