Goodville Mutual Casualty Company v. Doby et al, No. 2:2019cv00607 - Document 56 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER granting in part and denying in part 51 Motion to Dismiss. Main Street's Motion to Dismiss is GRANTED with respect to the duty to indemnify claim, and DENIED with respect to the duty to defend claim. Signed by District Judge Raymond A. Jackson on 5/21/20. (bpet, )
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Goodville Mutual Casualty Company v. Doby et al Doc. 56 Case 2:19-cv-00607-RAJ-DEM Document 56 Filed 05/21/20 Page 1 of 9 PageID# 341 FILED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA MAY 2 1 2020 Norfolk Division CLERK. U.S. DISTRICT COURT NORFOLK. VA GOODVILLE MUTUAL CASUALTY COMPANY, Plaintiff, CIVIL ACTION NO. 2:19-cv-607 V. NICKY ELMO DOBY, Administrator of the Estate of JACKIE MARIE CASSIDY,Deceased, MICHAEL CAREY, Administrator of the Estate of LEWARREN EDWIN BURRELL,Deceased, MAXINE DUCK, and MAIN STREET AMERICA PROTECTION INSURANCE COMPANY, Defendants. MEMORANDUM OPINION AND ORDER Before the Court is Defendant Main Street America Protection Insurance Company's ("Main Street") Motion to Dismiss for lack ofsubject matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1). ECF No. 51. Having reviewed the parties' filings in this case, the Court finds that this matter is ripe forjudicial review. For the reasons set forth below, Main Street's Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. L FACTUAL AND PROCEDURAL HISTORY On May 12, 2019, Jackie Marie Cassidy ("Ms. Cassidy") and LeWarren Edwin Burrell ("Mr. Burrell") were involved in a fatal vehicle collision. ECF No. 39 at 13-16. The Estate of Dockets.Justia.com Case 2:19-cv-00607-RAJ-DEM Document 56 Filed 05/21/20 Page 2 of 9 PageID# 342 Case 2:19-cv-00607-RAJ-DEM Document 56 Filed 05/21/20 Page 3 of 9 PageID# 343 Case 2:19-cv-00607-RAJ-DEM Document 56 Filed 05/21/20 Page 4 of 9 PageID# 344 Case 2:19-cv-00607-RAJ-DEM Document 56 Filed 05/21/20 Page 5 of 9 PageID# 345 Case 2:19-cv-00607-RAJ-DEM Document 56 Filed 05/21/20 Page 6 of 9 PageID# 346 Case 2:19-cv-00607-RAJ-DEM Document 56 Filed 05/21/20 Page 7 of 9 PageID# 347 Case 2:19-cv-00607-RAJ-DEM Document 56 Filed 05/21/20 Page 8 of 9 PageID# 348 Case 2:19-cv-00607-RAJ-DEM Document 56 Filed 05/21/20 Page 9 of 9 PageID# 349
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