NEW HAMPSHIRE INS. CO. v. RRK, INC.

No. 11-1099.

736 S.E.2d 52 (2012)

NEW HAMPSHIRE INSURANCE COMPANY, Defendant Below, Petitioner, v. RRK, INC., d/b/a Showboat Marina, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 9, 2012.


Attorney(s) appearing for the Case

Don C.A. Parker, Esq. , Neva G. Lusk, Esq. , Glen A. Murphy, Esq. , Spilman Thomas & Battle, PLLC, Charleston, WV, David M. Spotts , PHV, Proctor of Admiralty, Ashtabula, OH, for Petitioner.

L. David Duffield, Esq. , Chad S. Lovejoy, Esq. , Thomas P. Boggs, Esq. , Duffield, Lovejoy & Stemple, PLLC, Huntington, WV, for Respondent.

Jill Cranston Rice, Esq. , Mychal Sommer Shulz, Esq. , Dinsmore & Shohl, LLP, for Amicus Curiae, West Virginia Insurance Federation.


PER CURIAM:

The petitioner, New Hampshire Insurance Company ("New Hampshire"), appeals the June 22, 2011, order of the Circuit Court of Cabell County granting partial summary judgment in favor of the respondent, RRK, Inc. ("RRK"), finding that under the commercial marine property insurance policy issued by New Hampshire, RRK's barge and the barge's contents are covered property under the policy and that a wear-and-tear exclusion in the policy is invalid. New Hampshire...

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