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CAVA v. NATIONAL UNION FIRE INS. CO.

No. 12-0203.

753 S.E.2d 1 (2013)

Dan CAVA, Steven Hall, Sonny Nicholson, and Dan's Car World LLC, d/b/a Dan Cava's Toyota World, Defendants and Third-Party Plaintiffs Below, Petitioners v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Third-Party Defendant and Counter-Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided September 12, 2013.

Concurring Opinion of Justice Benjamin December 30, 2013.

Attorney(s) appearing for the Case

Gregory H. Schillace, Esq. , Schillace Law Office, Clarksburg, WV, for Petitioners Dan Cava, Steven Hall and Dan's Car World.

Don C.A. Parker, Esq. , Glen A. Murphy, Esq. , Charity K. Flynn, Esq. , Spilman Thomas & Battle, PLLC, Charleston, WV, for Respondent.

KETCHUM Justice:

The petitioners, who are the defendants/third-party plaintiffs below, Dan Cava, Steven Hall, Sonny Nicholson, and Dan's Car World, LLC, d/b/a Dan Cava's Toyota World ("petitioners"), appeal from an order entered January 3, 2012, by the Circuit Court of Marion County. The circuit court granted summary judgment to the respondent, who is the third-party defendant below, National Union Fire Insurance Company of Pittsburgh, PA ("National Union"). The circuit...

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