Does W.Va. Code 46a-1-105(a)(3), which excludes “transactions under public utility…tariffs” from the scope of West Virginia’ consumer law, prohibit a claim by a consumer against a public utility alleging consumer law violations in its billing practices?

This case will address the issue of when a defendant’s cross-claim for implied indemnity survives a good faith settlement by the party against whom such a cross-claim is directed. Depending upon how certain factual questions are resolved, it may also analyze the nature of, and timing requirements for, a cross-claim plaintiff’s burden to show that it was “fault free” before it may proceed in implied indemnity.