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CASACCIO v. CURTISS

No. 101527.

718 S.E.2d 506 (2011)

Joseph CASACCIO and National Indemnity Company, Petitioners v. Harold A. CURTISS, Executor of the Estate of Norma Lee Curtiss, Deceased; Harold A. Curtiss, Executor of the Estate of Mary Lynn Curtiss, Deceased; Harold A. Curtiss, Executor of the Estate of Charles E. Curtiss, Deceased, Plaintiffs Below, Respondents and Hartley Trucking Company, Inc., John R. Tanner and Martha Hoy, Defendants Below.

Supreme Court of Appeals of West Virginia.

Decided November 9, 2011.

Attorney(s) appearing for the Case

Daniel R. Schuda , Lynnette Simon Marshall , Schuda & Associates, PLLC, Charleston, WV, for the Petitioners.

Robert B. Allen , Pamela C. Deem , Philip J. Combs , Allen Guthrie & Thomas, PLLC, Charleston, WV, for the Respondents.

DAVIS, Justice:

In this appeal from an order imposing monetary sanctions against petitioners Joseph Casaccio (hereinafter referred to as "Mr. Casaccio") and National Indemnity Company (hereinafter referred to as "National Indemnity"), this Court is asked to determine whether West Virginia Trial Court Rule 25.10 permits a circuit court to impose sanctions upon the insurance carrier for an insured party when the insurance carrier fails, without good cause, to appear...

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