STATE EX REL. NATIONAL UNION FIRE v. HUMMEL

No. 19-0978.

850 S.E.2d 680 (2020)

STATE of West Virginia, EX REL. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.; Allianz Global Risks US Insurance Company; Ace American Insurance Company; Zurich American Insurance Company; Great Lakes Insurance SE; XL Insurance America, Inc.; General Security Indemnity Company of Arizona; Aspen Insurance UK Limited; Navigators Management Company, Inc.; Ironshore Specialty Insurance Company; Validus Specialty Underwriting Services, Inc.; and HDI-Gerling America Insurance Company, Petitioners v. The Honorable David W. HUMMEL, Jr., Judge of the Second Judicial Circuit, and Axiall Corporation, and Westlake Chemical Corporation, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: October 19, 2020.


Attorney(s) appearing for the Case

Debra Tedeschi Varner, Esq. , James A. Varner, Sr., Esq. , Varner & Van Volkenburg PLLC, Clarksburg, West Virginia, Myles A. Parker , pro hac vice, Alexandra F. Markov , pro hac vice, Carroll, Warren & Parker, Jackson, Mississippi, Counsel for Petitioners.

Jeffrey V. Kessler, Esq. , Berry, Kessler, Crutchfield, Taylor & Gordon, Moundsville, West Virginia, Travis L. Brannon, Esq. , Thomas C. Ryan, Esq. , John M. Sylvester , pro hac vice, Paul C. Fuener , pro hac vice, David R. Osipovich , pro hac vice, Sarah M. Czypinski , pro hac vice, K&L Gates LLP, Pittsburgh, Pennsylvania, Counsel for Respondents.


In this petition for writ of prohibition, both parties agree that this Court should grant the requested relief to the extent that it prohibits the circuit court from enforcing its sua sponte order dismissing Count III of Axiall Corporation ("Axiall") and Westlake Chemical Corporation's ("Westlake") (collectively,...

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