CAMDEN-CLARK MEMORIAL HOSP. v. FIRE AND MARINE INS.

No. 33909.

682 S.E.2d 566 (2009)

224 W.Va. 228

CAMDEN-CLARK MEMORIAL HOSPITAL ASSOCIATION, Plaintiff Below, v. ST. PAUL FIRE AND MARINE INSURANCE CO., Defendant Below,

Supreme Court of Appeals of West Virginia.

Decided June 25, 2009.


Attorney(s) appearing for the Case

Dino Colombo, Travis Mohler, Colombo & Stuhr, PLLC, Morgantown, WV, Donna S. Quesenberry, MacCorkle, Lavender, Casey & Sweeney, PLLC, Charleston, WV, for Plaintiff.

D.C. Offutt, Jr., Perry W. Oxley, David E. Rich, Offutt Nord, PLLC, Huntington, WV, for Defendant.


BENJAMIN, Chief Justice.

This matter comes before this Court upon a request from the United States District Court for the Southern District to West Virginia to answer two certified questions.1 By order dated February 20, 2008, the district court certified the following two questions to this Court:

1. Under West Virginia law, when an insured is found liable for a tort, and the complaint indicates that the tort could be based on...

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