Legal Opinion

Westfield Insurance Company v. Sistersville Tank Works, Inc., Robert N. Edwards, E. Jane Price, Douglas Steele, Carol Steele, Gary Thomas Sandy, Peggy P. Sandy, Reagle & Padden, Inc., and David C. Padden

West Virginia Supreme Court

Decided November 8, 2023No. 22-848Separate

1Opinion of the Court

FILED November 8, 2023 Westfield Ins. v. Sistersville Tank Works, No. 22-848 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK Armstead, Justice, dissenting: SUPREME COURT OF APPEALS OF WEST VIRGINIA I dissent from the majority opinion’s holding in syllabus point six that “[a] continuous-trigger theory applies to determine when coverage is activated under the insuring agreement of an occurrence-based CGL policy if the policy is ambiguous as to when coverage is triggered.” Instead, I believe the Court should have found that if an occurrence-based CGL policy is ambiguous as to when coverage is…

2Cases cited3 opinions

  1. Pinnacle Group, Inc. v. Erie Insurance Property & Casualty Co.West Virginia Supreme Court · 2013
  2. Smith v. Animal Urgent Care, Inc.West Virginia Supreme Court · 2000
  3. Westfield Insurance v. MitchellDistrict Court, S.D. West Virginia · 2014

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