Legal Opinion
Eckelberry v. ReliaStar Life Insurance
District Court, S.D. West Virginia
Decided December 1, 2005No. 6:04 CV 01185PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GOODWIN, District Judge.
Pending before the court are cross motions for summary judgment. The court GRANTS the plaintiffs motion for summary judgment [Docket 16] and DENIES the defendant’s motion for summary judgment [Docket 13].
I. Background
Around 3:49 a.m. on March 19, 2004, Earl Eckelberry died in an automobile accident when he struck a tractor trailer parked on the side of the road. (R. at 8.) The presence of alcohol was confirmed by a toxicology report, which measured Mr. Eckelberry’s blood-alcohol level to be 0.15%, an amount 0.05% higher than the legal limit.…
2Cases cited26 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Mary Jane Wickman v. Northwestern National Insurance CompanyCourt of Appeals for the First Circuit · 1990
- Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
- Drexel Finley and Grace Finley v. Special Agents Mutual Benefit Association, Inc.Court of Appeals for the Eighth Circuit · 1992
- John Doe Firm Doe v. Group Hospitalization & Medical Services, D/B/A Blue Cross and Blue Shield of the National Capital AreaCourt of Appeals for the Fourth Circuit · 1993
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3Cited by9 opinions
- Michele Eckelberry, in Her Capacity as Beneficiary v. Reliastar Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 2006
- Lennon v. Metropolitan Life InsuranceCourt of Appeals for the Sixth Circuit · 2007
- Stamp v. Metropolitan Life InsuranceDistrict Court, D. Rhode Island · 2006
- McGillivray v. Life Ins. Co. of North AmericaDistrict Court, D. Massachusetts · 2007
- Lennon v. Metropolitan Life InsuranceDistrict Court, E.D. Michigan · 2006
4 more not listed; retrieve them via the Exa API.