TRAVELERS INDEM. CO. v. U.S. SILICA CO.

No. 14-0343.

788 S.E.2d 286 (2015)

The TRAVELERS INDEMNITY COMPANY, Defendant Below, Petitioner v. U.S. SILICA COMPANY, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 10, 2015.


Attorney(s) appearing for the Case

Jeffrey M. Wakefield , Erica M. Baumgras , Flaherty Sensabaugh Bonasso PLLC, Charleston, WV, Frank Winston, Jr. , John R. Casciano , Christopher M. Dougherty , Steptoe & Johnson LLP, Washington, DC, Attorneys for the Petitioner.

Charles F. Printz, Jr. , J. Tyler Mayhew , Bowles Rice LLP, Andrew R. Stanton , John T. Waldron, III , Paul C. Fuener , K & L Gates LLP, Pittsburgh, PA, Attorneys for the Respondent.

Herschel H. Rose, III , Rose Law Office, Charleston, WV, Attorney for Amici Curiae, Complex Insurance Claims Association and American Insurance Association.

David L. Yaussy , Robinson & McElwee PLLC, Charleston, WV, Attorney for Amicus Curiae, West Virginia Manufacturers Association.

Jill Cranston Rice , Andrew T. Kirkner , Dinsmore & Shohl, LLP, Charleston, WV, Attorneys for Amicus Curiae, West Virginia Insurance Federation.


The petitioner herein and defendant below, the Travelers Indemnity Company ("Travelers"), appeals from an order entered March 5, 2014, by the Circuit Court of Morgan County. By that order, the circuit court denied Travelers' alternative post-trial motions for judgment as a matter of law or a new trial following the court's entry...

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