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WESTFIELD INS. v. SISTERSVILLE TANK WORKS

No. 22-848.

895 S.E.2d 142 (2023)

WESTFIELD INSURANCE COMPANY, Petitioner, v. SISTERSVILLE TANK WORKS, INC.; Robert N. Edwards; E. Jane Price, Individually and as Executrix of the Estate of Robert G. Price, deceased; Douglas L. Steele; Carol Steele; Gary Thomas Sandy; Peggy P. Sandy; Reagle & Padden, Inc.; and David C. Padden, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 8, 2023.

Attorney(s) appearing for the Case

Brent K. Kesner, Esq. , Ernest G. Hentschel, II., Esq. , Kesner & Kesner, PLLC, Charleston, West Virginia, Counsel for the Petitioner.

Patrick S. Casey, Esq. , Sandra M. Chapman, Esq. , Ryan P. Orth, Esq. , Casey & Chapman, PLLC, Wheeling, West Virginia, Counsel for Respondent Sistersville Tank Works, Inc.

David B. Lunsford, Esq. , Hartley Law Group, PLLC, Wheeling, West Virginia, Counsel for Respondents Robert N. Edwards; E. Jane Price, individually and as executrix of the Estate of Robert G. Price; and Douglas and Carol Steele.

Todd A. Mount, Esq. , Shaffer & Shaffer PLLC, Madison, West Virginia, Courtney C.T. Horrigan, Esq. , Dominic I. Rupprecht, Esq. , Zachary S. Roman, Esq. , Reed Smith LLP, Pittsburgh, Pennsylvania, Counsel for Amicus Curiae United Policyholders.

The gateway to coverage under every standardized, commercial general liability (or "CGL") policy issued in the United States since 1966 is proof that a bodily injury or property damage has "occurred." When an injury or property damage occurs at the moment the liability-imposing event takes place, it is easy to conclude that the...

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