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ELK RUN COAL CO. v. CANOPIUS U.S. INS.

No. 14-0723.

775 S.E.2d 65 (2015)

ELK RUN COAL COMPANY, INC. d/b/a Republic Energy, Defendant and Third-Party Plaintiff, Petitioner v. CANOPIUS U.S. INSURANCE, INC. (f/k/a Omega. U.S. Insurance, Inc.); RSUI Indemnity Company; National Casualty Company; and Scottsdale Insurance Company, Third-Party Defendants, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 9, 2015.

Attorney(s) appearing for the Case

Jonathan L. Anderson, Jackson Kelly, P.L.L.C., Charleston, WV, Attorney for the Petitioner.

Brent K. Kesner, Kesner & Kesner, P.L.L.C., Charleston, West Virginia, Attorney for Respondents, Canopius U.S. Insurance, Inc. and RSUI Indemnity Company.

Charles K. Gould, Jenkins Fenstermaker, P.L.L.C., Huntington, West Virginia, Attorney for Respondents, National Casualty Company and Scottsdale Insurance Company.

Petitioner, Elk Run Coal Co., Inc., d/b/a Republic Energy ("Elk Run"), defendant and third-party plaintiff below, appeals four separate orders entered by the Circuit Court of Kanawha County on May 28, 2014. The orders grant summary judgment in favor of four different insurance companies and deny Elk Run's motion for partial summary...

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