West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, April 18, 2017


Rule 20 argument - 10:00 a.m.


Mohammed Ashraf, M.D. v. State Auto Property and Casualty Insurance Company, et al., No. 16-1042 - CERTIFIED QUESTIONS FROM THE CIRCUIT COURT OF MARION COUNTY:
1. Where there is a covered total loss by fire under a fire insurance policy, may an insurer reduce the policy’s limit of coverage for the insured premises by fifteen percent (15%) pursuant to a “vacancy” provision in the policy?
Circuit Court Answer: Yes.
2. Does a fire insurance policy that includes a “pollutant clean up and removal” provision that provides that the insurer will pay the insured’s expense to extract pollutants from land or water, provide coverage in excess of the “debris removal” coverage afforded by the policy for the removal of asbestos contained in a fire-damaged or destroyed structure?
Circuit Court Answer: No.

Dan Ryan Builders v. Horner Brothers Engineers, Inc., No. 16-0402 - Petitioner, the third-party plaintiff below, appeals the order of the Circuit Court of Harrison County, entered on March 24, 2016, granting the motion for summary judgment of third-party defendant Hornor Brothers Engineers on the ground of res judicata. Continued from February 14, 2017.

Dan Ryan Builders v. Horner Brothers Engineers, Inc., No. 16-0401 - Petitioner, the third-party plaintiff below, appeals the order of the Circuit Court of Harrison County, entered on March 17, 2016, granting the motion for summary judgment of third-party defendants Robert S. Lang, Lang Brothers, Inc., and Crystal Ridge Development (“the Lang defendants”). Continued from February 14, 2017.

SER R.H. v. Hon. Louis H. Bloom, Judge, et al, No. 17-0002 - Petitioner seeks a writ of mandamus to compel the circuit court to allow him to intervene in an abuse and neglect proceeding.

Rule 19 argument


Sonya Porter v. James H. Brown, No. 15-1213 - Petitioner appeals the orders of the Circuit Court of Logan County and Logan County Deputy Sheriff’s Civil Service Commission that awarded attorney’s fees to respondent. Respondent was placed on paid administrative leave, and was not served with notice regarding the nature of allegations against him for thirteen months. As a result of the delay in the investigation against him, respondent filed a petition for reinstatement with the Logan County Deputy Sheriff’s Civil Service Commission and a writ of mandamus in Logan County Circuit Court. The circuit court and the civil service commission found that petitioner’s delay in presenting charges to respondent was unreasonable, and ordered petitioner to pay attorney’s fees and costs for the costs of the mandamus action and the action before the Civil Service Commission. Dismissed