Legal Opinion

USF Insurance v. Stowers Trucking, LLC

District Court, S.D. West Virginia

Decided February 11, 2010No. Civil Action 2:09-cv-01258PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

This is an insurance coverage dispute, in which USF Insurance Company (“USF”) has filed a lawsuit seeking declaratory relief. Specifically, USF seeks a declaration that it has no duty to defend or indemnify certain of its insureds — Stowers Trucking, LLC (“Stowers”), Odell Processing, Inc. (“Odell”), and Laurel Creek Co., Inc. (“Laurel Creek”) (collectively, “the defendants”) — in a separate state court tort suit. Stowers has filed a motion to dismiss, requesting that this court exercise its discretion to decline to hear this case. As…

2Cases cited8 opinions

  1. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  2. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  3. Public Affairs Associates, Inc. v. RickoverSupreme Court of the United States · 1962
  4. The Centennial Life Insurance Company v. Barbara Poston Victor PostonCourt of Appeals for the Fourth Circuit · 1996
  5. Mitcheson v. HarrisCourt of Appeals for the Fourth Circuit · 1992

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Building Graphics, Inc. v. LawsonDistrict Court, S.D. West Virginia · 2022
  2. Capitol Specialty Insurance Corporation v. Tayworsky LLCDistrict Court, S.D. West Virginia · 2018
  3. United Electrical, Radio and Machine Workers of America (UE) v. West Virginia Public Workers Local 170District Court, S.D. West Virginia · 2025

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