Legal Opinion
State ex rel. U-Haul Co. v. Zakaib
West Virginia Supreme Court
Decided November 26, 2013No. 13-0181PublishedCited by 34 opinions
1Opinion of the Court
DAVIS, Justice:
This case involves the common law doctrine of contracts known as “incorporation by reference.” The parties entered into an agreement with two writings drafted by the defendant below, U-Haul of West Virginia (“U-Haul”). The first writing was titled “Rental Contract” and was signed by the three plaintiffs. The second wilting, which U-Haul attempted to incorporate by reference into the signed Rental Contracts, was titled “Rental Contract Addendum” (“Addendum”) and was not signed. The U-Haul Rental Contract states that the plaintiffs agreed to the terms of the Addendum. The…
2Cases cited30 opinions
- State Ex Rel. Hoover v. BergerWest Virginia Supreme Court · 1997
- Painewebber Incorporated v. Michael J. Bybyk and Joyce O. BybykCourt of Appeals for the Second Circuit · 1996
- Marmet Health Care Center, Inc. v. BrownSupreme Court of the United States · 2012
- Crawford v. TaylorWest Virginia Supreme Court · 1953
- Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
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3Cited by34 opinions
- West Virginia CVS Pharmacy, LLC v. McDowell Pharmacy, Inc.West Virginia Supreme Court · 2017
- Bacon v. Avis Budget Grp., Inc.District Court, D. New Jersey · 2018
- Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLCCourt of Appeals for the Fourth Circuit · 2015
- Citizens Telecommunications d/b/a Frontier Communications of W. Va. v. Michael SheridanWest Virginia Supreme Court · 2017
- Philippe Calderon v. Sixt Rent A Car, LLCCourt of Appeals for the Eleventh Circuit · 2024
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