Erie Insurance Property & Casualty Co. v. Stage Show Pizza, JTS, Inc.

STARCHER, Justice.

In this appeal from the Circuit Court of Raleigh County, we are asked to examine a declaratory judgment finding that there was no liability coverage for an employee injured at work under an “employers’ liability” insurance policy purchased by an employer. As set forth below, we reverse the circuit court’s declaratory judgment.

I

Facts & Background

On February 6, 1997, appellant John Paul Harvey was employed by the defendant below, Stage Show Pizza, JTS, Inc. (“Stage Show Pizza”),1 in Raleigh County, West Vir*66ginia. In the course of his employment, appellant Harvey was involved…