State ex rel. State Auto Property Insurance Companies v. Stucky

Justice Ketchum:

This original prohibition proceeding concerns a liability insurance policy. It is a commercial general liability policy issued by the petitioner, State Auto Property Insurance Companies (“State Auto”), to its insured, respondent CMD Plus, Inc. (“CMD”).

CMD, a residential construction company, contracted to build a home for Chandrakant N. and Kimberly S. Shah in Charleston, West Virginia. The construction activities caused ground slippage resulting in damage to the house and property of the adjacent, downhill homeowners, Barry G. Evans and Ann M. ’ Evans (“Plaintiffs”). The…