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WEST VIRGINIA EMPLOYERS' MUTUAL INSURANCE COMPANY v. BUNCH CO.

No. 11-1750.

745 S.E.2d 212 (2013)

WEST VIRGINIA EMPLOYERS' MUTUAL INSURANCE COMPANY d/b/a Brickstreet Mutual Insurance Company, and Michael D. Riley, West Virginia Insurance Commissioner, Petitioners v. THE BUNCH COMPANY, Respondent.

Supreme Court of Appeals of West Virginia.

Filed June 6, 2013.

Attorney(s) appearing for the Case

Jeffrey M. Wakefield, Esq. , Erica M. Baumgras, Esq. , Flaherty Sensabaugh Bonasso PLLC, Charleston, WV, for Petitioner Brickstreet.

Paul T. Farrell, Jr., Esq. , Green, Ketchum, Bailey, Walker, Farrell & Tweel, Huntington, WV, for Respondent.

Andrew R. Pauley, Esq. , Office of the West Virginia, Insurance Commissioner, Charleston, WV, for Petitioner, Insurance Commissioner.

Alex J. Shook, Esq. , Hamstead, Williams & Shook, PLLC, Morgantown, WV, for Respondent.

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

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

LOUGHRY, Justice.

Petitioners West Virginia Employers' Mutual Insurance Company doing business as BrickStreet Mutual Insurance Company ("BrickStreet") and Michael D. Riley,1 the West Virginia Insurance Commissioner ("Commissioner") appeal from the October 31, 2011, order of the Circuit Court of Kanawha County, which reversed and vacated the Commissioner's July 9, 2010, administrative order upholding previously approved rates. At issue...

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