Legal Opinion
Metro Transportation Co. v. Balboa Insurance
District Court, E.D. Pennsylvania
Decided January 6, 1988No. Civ. A. No. 87-7050Published
1Opinion of the Court
MEMORANDUM
LUDWIG, District Judge.
Defendant Balboa Insurance Company moves to dismiss under Fed.R.Civ.P. 12(b)(1), 17 and 12(b)(6). For the following reasons the motion is denied.1
1. Plaintiff Metro Transportation Company has standing to maintain this declaratory judgment action. The complaint alleges that Balboa wrongfully refused to “pay ... claims and judgments asserted and/or entered against Metro” falling within the scope of coverage of two automobile insurance policies issued to Metro for the policy period from October 1, 1984 to October 1, 1986. (Complaint II15). Metro’s financial…
2Cases cited7 opinions
- Kapp v. Naturelle, Inc.Court of Appeals for the Eighth Circuit · 1979
- Ralph R. Riehl, Jr. v. Travelers Insurance Co.Court of Appeals for the Third Circuit · 1985
- Rural Mutual Insurance v. PetersonWisconsin Supreme Court · 1986
- Travelers Mut. Casualty Co. v. HermanCourt of Appeals for the Eighth Circuit · 1941
- Thompson v. Amalgamated Cas. Ins. Co., IncCourt of Appeals for the D.C. Circuit · 1953
2 more not listed; retrieve them via the Exa API.