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EMPLOYERS' MUT. INS. CO. v. SUMMIT POINT RACEWAY ASSO.

No. 101414.

719 S.E.2d 830 (2011)

WEST VIRGINIA EMPLOYERS' MUTUAL INSURANCE COMPANY, d/b/a Brickstreet Mutual Insurance Company, d/b/a Brickstreet Insurance, Defendant Below, Petitioner v. SUMMIT POINT RACEWAY ASSOCIATES, INC., Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2011.

Attorney(s) appearing for the Case

Don C.A. Parker , Angela D. Herdman , Spillman, Thomas & Battle, Charleston, WV, for Petitioner.

William Richard McCune, Jr. , Alex A. Tsiatsos , William Richard McCune, Jr. PLLC, Martinsburg, WV, Peter L. Chakmakian , Peter L. Chakmakian, L.C., Charles Town, WV, for Respondent.

Carte P. Goodwin , Benjamin B. Ware , Goodwin & Goodwin, LLP, Charleston, WV, for Amicus Curiae, The West Virginia Business and Industry Council.

Brent Kesner , Ernest G. Hentschel, II , Kesner, Kesner & Bramble, PLLC, Charleston, WV, for Amicus Curiae, TKS Contracting, Inc.; H. Talbott Tebay and H. Talbott Tebay DDS, Ltd.

Jill Cranston Bentz , Mychal Sommer Schulz , Jacob A. Manning , Dinsmore & Shohl, LLP, Jeffrey M. Wakefield , Erica M. Baumgras , Flaherty Sensabaugh & Bonasso, PLLC, Charleston, WV, for Amicus Curiae, West Virginia Insurance Federation.

DAVIS, Justice:

This case involves an appeal by West Virginia Employers' Mutual Insurance Company d/b/a BrickStreet Mutual Insurance Company (hereinafter referred to as "BrickStreet"), the petitioner herein and defendant below, from an "Agreed Judgment Order" entered by the Circuit Court of Jefferson County. The "Agreed Judgment Order" awarded to Summit Point Raceway Associates, Inc. (hereinafter referred to as "Summit Point"), the respondent herein and plaintiff...

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