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DARBET, INC. v. BITUMINOUS CAS. CORP.

Civ.A. No. 1:91-0736.

792 F.Supp. 487 (1992)

DARBET, INC., a West Virginia Corporation, Plaintiff, v. BITUMINOUS CASUALTY CORPORATION, an Illinois Corporation, Defendant.

United States District Court, S.D. West Virginia, at Bluefield.

June 10, 1992.

Attorney(s) appearing for the Case

Joe Colosi, Welch, W.Va., for plaintiff.

Christopher P. Bastien, Charleston, W.Va., for defendant.

OPINION

FABER, District Judge.

The plaintiff, Darbet, Inc. ("Darbet") a coal mining company, seeks damages in this case from its insurer, Bituminous Casualty Corporation ("Bituminous"), for money Darbet spent to repair the water wells of Virgil Collins and Daisy Murphy, two property owners damaged as a result of Darbet's mining operations.

Darbet's complaint against Bituminous contains two counts. Count One charges a breach of the contract of insurance...

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