Supreme Court concludes that billing practices of PSC-regulated utilities are excluded from West Virginia's consumer laws.

Whether or not Schoolhouse could keep its implied indemnity case alive even though only claims involving some fault against Schoolhouse were left (it could not). Alternatively, whether it was true that only direct claims against Schoolhouse were left (it was true).

Whether or not the Insurance Commissioner was required to afford Lighter a hearing on his insurance rate challenge and whether or not the results of the insurance commissioner proceeding without a hearing was correct (it was).

The Supreme Court addressed two basic issues. First, does the policy provide coverage for the shooting incident that occurred in the bar and, if so, in what amount? Second, when does the insurer’s duty to defend terminate?

“Where an injured person’s health care provider agrees to reduce, discount or write off a portion of the person’s medical bill, the collateral source rule permits the person to recover the entire reasonable value of the medical services necessarily required by the injury. The tortfeasor is not entitled to receive the benefits of the reduced, discounted or written off amount.”