Legal Opinion

Allianz Insurance v. Garrett

District Court, E.D. Virginia

Decided February 10, 1994No. Civ. A. No. 2:93cv830PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

PRINCE, United States Magistrate Judge.

Plaintiff, Allianz Insurance Company (“Al-lianz”), brought this action against defendant, Denison D. Garrett, Jr. (“Garrett”), seeking contribution, pursuant to Virginia Code § 8.01-34, for a settlement reached by Al-lianz’s insured, John Whalen (“Whalen”), a claim to which Allianz is subrogated. Garrett filed a motion to dismiss for failure to state a claim for which relief may be granted, pursuant to Fed.R.Civ.P. 12(b)(6), on the ground that the release of Whalen by the tort claimants does not release Garrett, and therefore, under…

2Cases cited16 opinions

Shiflet v. EllerSupreme Court of Virginia · 1984
Bilotti v. Accurate Forming Corp.Supreme Court of New Jersey · 1963
Virginia Electric & Power Co. v. WilsonSupreme Court of Virginia · 1981
John A. Jones v. General Motors Corporation v. Pamela Lynn Brown, Third PartyCourt of Appeals for the Third Circuit · 1988
Franklin Stainless Corporation, a New York Corporation v. Marlo Transport Corporation, a New Jersey CorporationCourt of Appeals for the Fourth Circuit · 1984

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3Cited by1 opinion

Allianz Insurance Company v. Denison D. Garrett, Jr.Court of Appeals for the Fourth Circuit · 1995