Legal Opinion

Builders Mutual Insurance v. Dragas Management Corp.

District Court, E.D. Virginia

Decided March 24, 2010No. Civil Action No. 2:09cv185PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

REBECCA BEACH SMITH, District Judge.

On April 23, 2009, plaintiff Builders Mutual Insurance Company (“BMIC”) com*434menced this action seeking a declaratory judgment that it owes no duty to defend nor to indemnify defendant Dragas Management Corporation (“Dragas”) for injuries and property damage related to “Chinese drywall.” On June 22, 2009, Dragas filed a Counterclaim for Declaratory Relief and Breach of Contract against BMIC seeking a declaration that BMIC does owe Dragas a duty to defend and to indemnify, as well as seeking damages for drywall-related losses and BMIC’s bad…

2Cases cited13 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Papasan v. AllainSupreme Court of the United States · 1986
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Resource Bankshares Corporation Resource Bank v. St. Paul Mercury Insurance Company, American Casualty Company of Reading, Pennsylvania Erie Insurance Company Federal Insurance Corporation Great Northern Insurance Company, Amici Supporting Resource Bankshares Corporation Resource Bank v. St. Paul Mercury Insurance Company, American Casualty Company of Reading, Pennsylvania Erie Insurance Company Federal Insurance Corporation Great Northern Insurance Company, Amici SupportingCourt of Appeals for the Fourth Circuit · 2005
  5. Bausch & Lomb Inc. v. Utica Mutual InsuranceCourt of Appeals of Maryland · 1993

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3Cited by1 opinion

  1. Builders Mut. Ins. Co. v. DRAGAS MANAGEMENT CORP.District Court, E.D. Virginia · 2010

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