NAT'L UNION FIRE v. WESTLAKE CHEMICAL

No. 21-1016.

900 S.E.2d 1 (2024)

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 LTD, Navigators Management Company, Inc., Ironshore Specialty Insurance Company, Validus Specialty Underwriting Services, Inc., and HDI-Gerling America Insurance Company, Defendants Below, Petitioners, v. WESTLAKE CHEMICAL CORPORATION and Axiall Corporation, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: January 25, 2024.


Attorney(s) appearing for the Case

Jeffrey M. Wakefield, Esq. , Flaherty Sensabaugh Bonasso, PLLC, Charleston, West Virginia, James A. Varner, Sr., Esq. , Debra Tedeschi Varner, Esq. , Varner & Van Volkenburg PLLC, Clarksburg, West Virginia, Counsel for Petitioners

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


In this case we are asked to review three orders entered by the Circuit Court of Marshall County, West Virginia, Business Court Division, granting partial summary judgment to the respondents Westlake Chemical Corporation ("Westlake") and Axiall Corporation ("Axiall") (collectively "the respondents") on the ground that none of three...

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