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STATE EX REL. NORTH RIVER INS. v. CHAFIN

No. 13-0897.

758 S.E.2d 109 (2014)

STATE of West Virginia ex rel. The NORTH RIVER INSURANCE COMPANY, Petitioner v. Honorable Robert F. CHAFIN, Special Judge of the Circuit Court of Wyoming County; All Plaintiffs and Cross-Claimant Plaintiffs in Lambert and Persinger V. Mine Safety Appliances Company, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 27, 2014.

Attorney(s) appearing for the Case

Michael J. Farrell, Esq. , Tamela J. White, Esq. , Farrell, White & Legg PLLC, Huntington, WV, and John R. Hoblitzell, Esq. , Ann L. Haight, Esq. , Robert B. Allen, Esq. , Kay Casto & Chaney PLLC, Charleston, WV, for Petitioner, The North River Insurance Company.

Louis L. Plotkin , PHV., Plotkin, Vincent & Jaffe, LLC, Metairie, LA, and G. Todd Houck, Esq. , Mullens, WV, Eric J. Jacobi, Esq. , Kenealy & Jacobi, PLLC, Louisville, KY, for Respondent Plaintiffs.

Mark A. Packman , PHV., Gilbert Law Firm, Washington, D.C., and J.H. Mahaney, Esq. , Craig R. Banford, Esq. , J. David Bolen, Esq. , Huddleston Bolen LLP, Huntington, WV, for Respondent, Mine Safety Appliances Company.

PER CURIAM:

Petitioner, The North River Insurance Company (hereinafter "North River"), invokes this Court's original jurisdiction seeking a writ of prohibition and asks that we prevent the Circuit Court of Wyoming County, West Virginia, from enforcing its denial of a motion to dismiss, or in the alternative, motion to stay the underlying proceedings pending resolution of out-of-state litigation involving insurance coverage. For the reasons that follow, this Court...

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