Legal Opinion
State Farm Mutual Automobile Insurance v. Riffe
District Court, S.D. West Virginia
Decided April 19, 1971No. Civ. A. No. 1229PublishedCited by 3 opinions
1Opinion of the Court
CHRISTIE, District Judge:
This action is brought under the Declaratory Judgment Act, 28 U.S.C.A. § 2201, and pursuant to Rule 57 of the Federal Rules of Civil Procedure. Diversity of parties and requisite amount in controversy are properly alleged to give federal jurisdiction. The substantive law of West Virginia is to be applied under Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188.
The plaintiff, State Farm Mutual Automobile Insurance Company (State Farm), seeks by this action to have a certain automobile insurance policy it issued to defendants, Hershel Riffe and…
2Cases cited6 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Utica Mutual Insurance Co. v. National Indemnity Co.Supreme Court of Virginia · 1970
- Government Employees Insurance v. ChavisSupreme Court of South Carolina · 1970
- Christian v. State Farm Mutual Automobile InsuranceWest Virginia Supreme Court · 1959
- Federal Mutual Insurance Company v. DealDistrict Court, S.D. West Virginia · 1965
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Powell v. Time InsuranceWest Virginia Supreme Court · 1989
- New York Life Ins. Co. v. NespereiraDistrict Court of Appeal of Florida · 1979
- Hayman v. ALL AMERICAN LIFE AND CASUALTY COMPANYDistrict Court, D. Puerto Rico · 1975