Legal Opinion

Potter Ins. Agency, Inc. v. Nationwide Mut. Ins. Co.

District Court, W.D. Virginia

Decided March 18, 2019No. Case No. 2:18CV00021Published

1Opinion of the Court

James P. Jones, United States District Judge *574In this diversity action, an insurance agency and its individual owner seek declaratory and injunctive relief against an insurance company, in an effort to preclude the company from enforcing certain changes in the financial arrangements between the parties. The insurance company has moved to dismiss the Complaint for failure to state a claim. The motion requires the court to construe the contract between the parties under Virginia law. For the reasons stated hereafter, the Motion to Dismiss will be granted in part and denied in part.

I. BACKGROUND.

A…

2Cases cited17 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. District of Columbia v. HellerSupreme Court of the United States · 2008
  3. Roman Zak v. Chelsea Therapeutics InternationalCourt of Appeals for the Fourth Circuit · 2015
  4. Ward's Equipment, Inc. v. New Holland North America, Inc.Supreme Court of Virginia · 1997
  5. Northwest, Inc. v. GinsbergSupreme Court of the United States · 2014

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