Cannelton Industries, Inc. v. Aetna Casualty & Surety Co. of America

McHUGH, Justice:

This case is before this Court upon appeal from the September 28, 1993, order of the Circuit Court of Kanawha County, West Virginia. Pursuant to the appellee’s, West Virginia Insurance Guaranty Association (hereinafter “WVIGA”), motion to dismiss, the circuit court, in that order, dismissed the appellant’s, Cannelton Industries, Inc. (hereinafter “Cannelton”), complaint with prejudice. The appellant asks that this Court reverse the circuit court’s order and remand the case to the circuit court for further proceedings. For the reasons set forth below, we agree with the circuit…