Energy Corp. of America v. Bituminous Casualty Corp.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending in this declaratory judgment proceeding is the motion for summary judgment of defendant Bituminous Casualty Corporation (“Bituminous”), filed September 4, 2007, followed by a corrected version, filed September 12, 2007.

I. Factual and Procedural Background

Plaintiff Energy Corporation of America (“Energy”) is a West Virginia corporation, primarily engaged in the business of oil and gas exploration, production, and marketing. (Def.’s Mem. Supp. Mot. 2; Compl. ¶ 1). Plaintiff Eastern American Energy Corporation…