Chapman v. Clarendon National Insurance

OPINION AND ORDER OF REMAND

REBECCA BEACH SMITH, District Judge.

This matter comes before the court on defendant Empire Fire and Marine Insurance Company’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted. For the reasons set forth below, the court declines jurisdiction and REMANDS the suit to the Circuit Court of the City of Norfolk. Accordingly, defendant’s motion is MOOT.

I. Procedural History

On or about October 18, 2002, plaintiff Jesse A. Chapman, a resident of Virginia, filed a complaint in the Norfolk Circuit Court, requesting judgment under…