Legal Opinion

Isaac v. Guardian Insurance Co.

Superior Court of The Virgin Islands

Decided October 12, 2016No. Case No. ST-16-CV-120Published

1Opinion of the CourtDunston, Judge

MEMORANDUM OPINION

(October 12, 2016)

Pending before the Court is Defendant Guardian Insurance Company, Inc.’s May 2, 2016, Motion to Dismiss. Defendant’s Motion to Dismiss will be granted in part because any implicit right of direct action conferred on an injured person against an insurer of a tortfeasor-insured by the Virgin Islands Compulsory Automobile Liability Insurance Act is conditioned upon the entry of a judgment against the tortfeasor-insured.

FACTS AND PROCEDURAL HISTORY

This matter arises out of a Complaint filed on March 10, 2016, by Plaintiff LaVerne Isaac against Defendants…

2Cases cited44 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  4. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  5. William J. Bauers, Jr. v. Herbert T. Heisel, JrCourt of Appeals for the Third Circuit · 1966

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