BPI, Inc. v. National Mutual Insurance Co.

WORKMAN, Chief Justice:

This matter is before the Court upon certified question from the United States District Court for the Eastern District of Kentucky (hereinafter “District Court”). That court has certified two questions regarding retroactive application.of this Court’s decision in Cherrington v. Erie Insurance Property & Casualty Co., 231 W.Va. 470, 745 S.E.2d 508 (2013). This Court accepted the certified questions and docketed the matter for resolution. Upon review of the parties’ briefs and 'arguments, this Court answers the retro-activity issue presented in the first certified…