Legal Opinion

McCoy v. Erie Insurance

District Court, S.D. West Virginia

Decided June 18, 2001No. Civ.A. 2:01-0054PublishedCited by 76 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Plaintiffs motion to remand and Defendants’ motion to dismiss. 1 Both motions are DENIED.

I. FACTUAL BACKGROUND

On May 17, 2000 Plaintiff Diana G. McCoy was involved in an accident that seriously damaged her car. Erie insured the vehicle. 2 The applicable Policy contained the following language under the heading “Physical Damage Coverages:”

OUR PROMISE — COMPREHENSIVE COVERAGE

We will pay for loss to an auto we insure and its equipment not caused by collision or upset. We will pay for loss less the deductible, if any, shown on the…

2Cases cited33 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  3. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  4. Snyder v. HarrisSupreme Court of the United States · 1969
  5. Zahn v. International Paper Co.Supreme Court of the United States · 1973

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3Cited by76 opinions

  1. Scaralto v. FerrellDistrict Court, S.D. West Virginia · 2011
  2. Dash v. FIRSTPLUS HOME LOAN TRUST 1996-2District Court, M.D. North Carolina · 2003
  3. Virden v. Altria Group, Inc.District Court, N.D. West Virginia · 2004
  4. Moriconi v. AT & T WIRELESS PCS, LLCDistrict Court, E.D. Arkansas · 2003
  5. Brooks v. Pre-Paid Legal Servs., Inc.District Court, M.D. Alabama · 2001

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