Zurich Insurance v. Uptowner Inns, Inc.

MEMORANDUM OPINION AND ORDER

STAKER, District Judge.

The plaintiff, Zurich Insurance Company, has instituted this action for a declaratory judgment, pursuant to West Virginia Code §§ 55-13-1 to -16 (Repl.Vol.1981), regarding coverage under a comprehensive general business liability policy. Jurisdiction of this court is properly invoked under 28 U.S.C.A. § 1332 (West 1966 & Supp.1990), as the parties are of diverse citizenship and the amount in controversy satisfies the jur isdictional prerequisite in effect at the time the action was begun.

The parties have filed cross-motions for summary…