Legal Opinion

Samuel R. Amoruso, Jr. v. Commerce and Industry Insurance Company

West Virginia Supreme Court

Decided March 27, 2019No. 17-1106SeparateCited by 2 opinions

1Opinion of the Court

WALKER, Chief Justice:

Commerce and Industry Insurance (Commerce and Industry) filed a breach of contract claim against Petitioner Samuel L. Amoruso, Jr. d/b/a Quality Supplier Trucking, Inc. (Amoruso) for breach of contract by failing to pay insurance premiums. Although Amoruso answered the original complaint and responded to discovery in the case, he did not respond to Commerce and Industry's properly served amended complaint. Nearly sixteen months after Commerce and Industry obtained a default judgment against Amoruso, he filed a motion to set aside the default judgment, arguing that he was…

2Cases cited22 opinions

  1. Painter v. PeavyWest Virginia Supreme Court · 1994
  2. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  3. Robert James Lubben v. Selective Service System Local Board No. 27Court of Appeals for the First Circuit · 1972
  4. V. T. A., Inc. v. Airco, Inc.Court of Appeals for the Tenth Circuit · 1979
  5. Intercity Realty Company v. GibsonWest Virginia Supreme Court · 1970

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3Cited by2 opinions

  1. Brent Boggs v. Greylock Marketing, LLCWest Virginia Supreme Court · 2023
  2. In re Adoption of J.S. and K.S.West Virginia Supreme Court · 2021

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