Legal Opinion
RSC Equipment Rental, Inc. v. Cincinnati Insurance
District Court, W.D. Virginia
Decided August 7, 2014No. Case No. 6:14-CV-00003PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
NORMAN K. MOON, District Judge.
This matter is before me upon consideration of the motions to dismiss filed by Defendants Cincinnati Insurance Company (“Cincinnati”) and M.V.E., Inc. (“MVE”). The principal issue in this case is whether Virginia Code § 11-4.1, which voids indemnification provisions in construction contracts, invalidates an indemnification clause in a rental contract for a forklift because the forklift was used during construction. As I determine that it does not invalidate the indemnification clause, I will deny the motions to dismiss.
I. Background
On September…
2Cases cited22 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Erickson v. PardusSupreme Court of the United States · 2007
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United Rentals Northwest, Inc. v. Yearout Mechanical, Inc.New Mexico Supreme Court · 2010
- Norman v. Insurance Co. of North AmericaSupreme Court of Virginia · 1978
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3Cited by4 opinions
- Travelers Indem. Co. of Conn. v. Lessard Design, Inc.District Court, E.D. Virginia · 2018
- Lloyd's Syndicate 457 v. Floatec LLCDistrict Court, S.D. Texas · 2019
- Norfolk Southern Railway Company v. Nautilus Insurance Company and National Salvage & Service CorporationDistrict Court, S.D. New York · 2026
- Sauer Construction, LLC v. MC3 Solutions, LLCDistrict Court, W.D. Virginia · 2024