Legal Opinion
Allstate Insurance v. Ashley
District Court, S.D. West Virginia
Decided October 8, 1993No. Civ. A. 2:93-0081PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending are cross-motions for summary judgment filed by the Plaintiff and Defendants. For reasons discussed below, the Court concludes the Defendants may not stack their underinsured motorist coverage. The Court therefore GRANTS the Plaintiffs motion for summary judgment, and DENIES the Defendants’ motion for summary judgment.
Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper only:
“[I]f the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that…
2Cases cited5 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- State Automobile Mutual Insurance v. YoulerWest Virginia Supreme Court · 1990
- Russell v. State Automobile Mutual InsuranceWest Virginia Supreme Court · 1992
- Tri-State Asphalt Products, Inc. v. Dravo Corp.West Virginia Supreme Court · 1991
3Cited by5 opinions
- Miller v. LemonWest Virginia Supreme Court · 1995
- American National Property & Casualty Co. v. WeeseDistrict Court, S.D. West Virginia · 1994
- Allstate Insurance Co. v. DurhamDistrict Court of Appeal of Florida · 2003
- Dodd v. Allstate Insurance Co.Court of Civil Appeals of Oklahoma · 2004
- Allstate Property and Casualty Insurance Company v. Russell Brent Musgrove, Jr.Court of Appeals of Georgia · 2017