Legal Opinion

Brewer v. National Indemnity Co.

Court of Appeals for the Fourth Circuit

Decided June 30, 2005No. 03-1531, 03-1696PublishedCited by 1 opinion

1Opinion of the Court

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

OPINION

KING, Circuit Judge.

In this diversity action, Leona Brewer, the Administratrix of the Estate of Edward Rose, deceased, has appealed the dismissal of her complaint against National Indemnity Company and W.E. Kingsley Company (collectively, “National Indemnity”). The district court for the Southern District of West Virginia concluded that, because Rose lacked privity with National Indemnity, Brewer lacked standing, as Ad-ministratrix, to pursue her claim against National…

2Cases cited2 opinions

  1. Brewer v. National Indemnity Co.Kentucky Supreme Court · 2005
  2. Leona Brewer, as Personal Representative of the Estate of Edward Rose, Deceased v. National Indemnity Company, a Nebraska Corporation W.E. Kingsley Company, a Kentucky Corporation, and Joe Maynard Norma Jean Maynard and Gregory Maynard, D/B/A Maynard's Wrecker Service Denise M. Gauze, as of the Estate of Herbert Maynard, D/B/A Maynard's Used Auto Parts Joe A. Young Joe A. Young Insurance Agency, Inc., a Kentucky Corporation Deborah L. Hanshaw, and Nationwide Mutual Insurance Company Emily Howell Manuuel Rose Rhonda Messer, Parties in Interest. Leona Brewer, as Personal Representative of the Estate of Edward Rose, Deceased v. National Indemnity Company, a Nebraska Corporation W.E. Kingsley Company, a Kentucky Corporation, and Joe Maynard Norma Jean Maynard and Gregory Maynard, D/B/A Maynard's Wrecker Service Denise M. Gauze, as of the Estate of Herbert Maynard, D/B/A Maynard's Used Auto Parts Joe A. Young Joe A. Young Insurance Agency, Inc., a Kentucky Corporation Deborah L. Hanshaw, and Nationwide Mutual Insurance Company Emily Howell Manuuel Rose Rhonda Messer, Parties in InterestCourt of Appeals for the Fourth Circuit · 2004

3Cited by1 opinion

  1. Leona Brewer, as Personal Representative of the Estate of Edward Rose, Deceased v. National Indemnity Company, a Nebraska Corporation W.E. Kingsley Company, a Kentucky Corporation, and Joe Maynard Norma Jean Maynard and Gregory Maynard, D/B/A Maynard's Wrecker Service Denise M. Gauze, as of the Estate of Herbert Maynard, D/B/A Maynard's Used Auto Parts Joe A. Young Joe A. Young Insurance Agency, Inc., a Kentucky Corporation Deborah L. Hanshaw, and Nationwide Mutual Insurance Company Emily Howell Manuuel Rose Rhonda Messer, Parties in Interest. Leona Brewer, as Personal Representative of the Estate of Edward Rose, Deceased v. National Indemnity Company, a Nebraska Corporation W.E. Kingsley Company, a Kentucky Corporation, and Joe Maynard Norma Jean Maynard and Gregory Maynard, D/B/A Maynard's Wrecker Service Denise M. Gauze, as of the Estate of Herbert Maynard, D/B/A Maynard's Used Auto Parts Joe A. Young Joe A. Young Insurance Agency, Inc., a Kentucky Corporation Deborah L. Hanshaw, and Nationwide Mutual Insurance Company Emily Howell Manuuel Rose Rhonda Messer, Parties in InterestCourt of Appeals for the Fourth Circuit · 2005

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