State v. Janicki

This case involves a dispute between two insurance companies, appellant Continental Casualty Company (“Continental”) and ap-pellee P.I.E. Mutual Insurance Company (“P.I.E.”), regarding which carrier is required to provide liability coverage for a malpractice action against their mutual insured, appellee Thomas Janicki, M.D. The Circuit Court of Kanawha County ruled that Continental was the liable carrier and we affirm that ruling.

As a preface to the issue of coverage, it is helpful to review the following factual summary of the underlying medical malpractice suit. On July 12, 1987, Michelle…