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CHERRINGTON v. ERIE INS. PROPERTY AND CAS.

No. 12-0036.

745 S.E.2d 508 (2013)

Lisbeth L. CHERRINGTON, Plaintiff Below; The Pinnacle Group, Inc., A West Virginia Corporation; and Anthony Mamone, Jr., An Individual, Defendants and Third-Party Plaintiffs Below, Petitioners v. ERIE INSURANCE PROPERTY AND CASUALTY COMPANY, Third-Party Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2013.

Attorney(s) appearing for the Case

Marvin W. Masters , Kelly Elswick-Hall , The Masters Law Firm LC, Charleston, WV, Richard E. Ford, Jr. , The Ford Law Firm, Lewisburg, WV, Attorneys for the Petitioner, Lisbeth L. Cherrington.

Michelle E. Piziak , Steptoe & Johnson PLLC, Charleston, WV, Attorney for the Respondent, Erie Insurance Property and Casualty Company.

James R. Sheatsley , Gorman, Sheatsley & Company, L.C., Beckley, WV, Attorney for the Petitioners, The Pinnacle Group, Inc., and Anthony Mamone, Jr.

DAVIS, Justice:

The petitioners herein, Lisbeth L. Cherrington (hereinafter "Ms. Cherrington");1 The Pinnacle Group, Inc. (hereinafter "Pinnacle"); and Anthony Mamone, Jr. (hereinafter "Mr. Mamone"),2 appeal from an order entered December 6, 2011, by the Circuit Court of Greenbrier County. By that order, the circuit court awarded summary judgment to the respondent herein, Erie Insurance

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