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FLOWERS v. MAX SPECIALTY INS. CO.

Nos. 13-0262, 13-0317.

761 S.E.2d 787 (2014)

John D. FLOWERS, Dave Flowers d/b/a Venom, Inc., Third-party Plaintiffs Below, Petitioner v. MAX SPECIALTY INSURANCE COMPANY, a Virginia Corporation, Plaintiff Below, Respondent. Darin I. Drane, Defendant Below, Petitioner, v. Max Specialty Insurance Company, a Virginia Corporation, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 4, 2014.

Attorney(s) appearing for the Case

Thomas H. Peyton, Esq. , Peyton Law Firm, PLLC, Nitro, WV, for John D. Flowers, Dave Flowers, Inc. d/b/a Venom, Inc., Petitioner.

Scott W. Andrews, Esq. , Hoover Andrews PLLC, Barboursville, WV, for Darin Drane, Petitioner.

Albert C. Dunn, Esq. , Allen, Kopet & Associates, PLLC, Charleston, WV, for John Young and Young Insurance Agency, Defendants Below.

Duane J. Ruggier II, Esq. , Geoffrey Cullop, Esq. , Pullin, Fowler, Flanagan, Brown & Poe PLLC, Charleston, WV, for Max Specialty Insurance Company, Respondent.

PER CURIAM.

These consolidated appeals are before the Court upon the petitions of John D. Flowers, Dave Flowers, Inc. d/b/a Venom, Inc. and Darin I. Drane, who both seek to reverse the Circuit Court of Cabell County's order granting declaratory judgment to Respondent Max Specialty Insurance Company. Specifically, Venom appeals the circuit court's finding that Max Specialty's duty to defend ends once the policy limits are exhausted through the expenditure of attorney...

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