STATE v. BEDELL

No. 35514.

697 S.E.2d 730 (2010)

STATE of West Virginia ex rel. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner v. Honorable Thomas A. BEDELL, Judge of Circuit Court of Harrison County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 16, 2010.


Attorney(s) appearing for the Case

E. Kay Fuller, Esq., Michael M. Stevens, Esq., Martin & Seibert, LC, Martinsburg, WV, for Petitioner, State Farm Mutual Automobile Insurance Company.

Tiffany R. Durst, Esq., Pullin, Flower, Flanagan, Brown, & Poe, PLLC, Morgantown, WV, for Respondent, Lana Eddy Luby.

David J. Romano, Esq., J. Tyler Slavey, Esq., Romano Law Office, Clarksburg, WV, for Respondent, Carla Blank.

D.C. Offutt, Esq., Offutt, Nord, PLLC, Huntington, WV, for Amicus Curiae, West Virginia Mutual Insurance Company.

Mary Jane Pickens, Esq., Victor Allen Mullins, Esq., Offices of the West Virginia Insurance Commissioner, Charleston, WV, for Amicus Curiae, Jane L. Cline, West Virginia Insurance Commissioner.

Jill Cranston Bentz, Esq., Jacob A. Manning, Esq., Dinsmore & Shohl, LLP, Charleston, WV, for Amicus Curiae, West Virginia Insurance Federation.

James D. Lamp, Esq., Matthew J. Perry, Esq., Lamp, O'Dell, Bartram, Levy & Trautwein, PLLC, Huntington, WV, for Amicus Curiae, National Insurance Crime Bureau.


WORKMAN, Justice:

Petitioner State Farm Mutual Automobile Insurance Company ("State Farm") seeks a writ of prohibition to prevent the Circuit Court of Harrison County, West Virginia, from enforcing a protective order issued on February 11, 2010. State Farm contends that complying with that protective order would cause it to violate a legislative rule promulgated by the Insurance Commissioner of West Virginia. Having fully...

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