Harvest Capital v. West Virginia Department of Energy

ALBRIGHT, Justice.

This is an appeal by the West Virginia Department of Energy, Division of Environmental Protection, and James E. Pitsenbar-ger, Chief of Abandoned Mine Lands and Reclamation (hereinafter referred to collectively as “DEP”), of the December 21, 2000, order entered by Judge A. Andrew Mac-Queen 1 of the Kanawha County Circuit Court granting summary judgment for Ground Breakers, Inc. (hereinafter “Ground Breakers”) on its cross-claim against DEP, resulting in DEP being held liable for the cost of Ground Breakers’ defense in an underlying civil action in which DEP and Ground…