Legal Opinion

Polensky v. Continental Casualty Co.

District Court, D. North Dakota

Decided November 7, 2005No. A1-05-051Published

1Opinion of the Court

ORDER GRANTING MOTION TO DISMISS OF DEFENDANTS’ CONTINENTAL CASUALTY COMPANY, CNA COMPANIES, AND CONTINENTAL INSURANCE COMPANY

HOVLAND, Chief Judge.

Before the Court is Defendant Continental Casualty Company, CNA Companies, and Continental Insurance Company, “Motion to Dismiss” filed jointly on July 14, 2005. The Plaintiffs have filed a response opposing the motion. For the following reasons, the motion is granted.

I. BACKGROUND

On April 14, 1999, Myron Polensky, a North Dakota resident, was injured when struck from behind by a semi-tractor and trailer owned by the defendant, Ameri-Serve…

2Cases cited41 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  3. Keeton v. Hustler Magazine, Inc.Supreme Court of the United States · 1984
  4. Babcock v. JacksonNew York Court of Appeals · 1963
  5. Brian Dale Bramlet v. James A. WilsonCourt of Appeals for the Eighth Circuit · 1974

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