Legal Opinion

Astorg Motor Co. v. Westfield Insurance

District Court, S.D. West Virginia

Decided November 2, 1994No. Civ. A. 6:94-0770PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court is the Defendant’s motion to dismiss pursuant to 28 U.S.C. § 2201(a). For reasons that follow, the Defendant’s motion is DENIED.

I

Donna V. Thompson filed an action in the Circuit Court of Wood County, West Virginia, alleging Astorg Motor Co. was negligent in the repair of her 1983 model Mercedes-Benz automobile, as a result of which she suffered damages. Defendant Westfield Ins. Co. assumed Astorg Motor Co.’s defense of Thompson’s action and assigned the defense to an attorney. That attorney advised Plaintiff Astorg Motor…

2Cases cited9 opinions

  1. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  2. Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
  3. Public Affairs Associates, Inc. v. RickoverSupreme Court of the United States · 1962
  4. Mitcheson v. HarrisCourt of Appeals for the Fourth Circuit · 1992
  5. Nancy D. White v. National Union Fire Insurance Company of Pittsburgh, PaCourt of Appeals for the Fourth Circuit · 1990

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. First Financial Insurance v. Crossroads Lounge, Inc.District Court, S.D. West Virginia · 2001
  2. Gatewood Lumber, Inc. v. Travelers Indemnity Co.District Court, S.D. West Virginia · 1995
  3. Stoneledge At Lake Keowee Owners Ass'n, Inc. v. Cincinnati Ins. Co.District Court, D. South Carolina · 2018

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