Legal Opinion
Norfolk & Western Railway Co. v. Accident & Casualty Ins.
District Court, W.D. Virginia
Decided May 15, 1992No. Civ. A. 89-0344-RPublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION
TURK, Chief Judge.
POSTURE OF THE CASE
The court takes jurisdiction over this case pursuant to the diversity statute, 28 U.S.C. § 1332.
The plaintiffs motion for partial summary judgment and the defendants’ cross-motion for partial summary judgment are presently before the court. 1 The motions have been extensively briefed and argued. They are ripe for decision.
BACKGROUND
Noise induced hearing loss (“NIHL”) is at the center of this dispute over excess insurance coverage. As its name suggests, NIHL is a loss of hearing attributable to exposure to. noise. The plaintiff in this…
2Cases cited13 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- APPALACHIAN INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY, AppellantCourt of Appeals for the Third Circuit · 1982
- Champion International Corporation v. Continental Casualty CompanyCourt of Appeals for the Second Circuit · 1976
- Owens-Illinois, Inc. v. Aetna Casualty & Surety Co.District Court, District of Columbia · 1984
- Hill v. State Farm Mutual Automobile InsuranceSupreme Court of Virginia · 1989
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. Stonewall InsuranceSupreme Court of Kansas · 2003
- CSX Transportation, Inc. v. Continental InsuranceCourt of Appeals of Maryland · 1996
- Firemen's Insurance v. Kline & Son Cement Repair, Inc.District Court, E.D. Virginia · 2007
- Stonewall Insurance Co. v. E.I. Du Pont De Nemours & Co.Supreme Court of Delaware · 2010
- Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd.Appellate Court of Illinois · 2005
12 more not listed; retrieve them via the Exa API.