Rothrock v. Allied World Assurance Company et al, No. 6:2020cv03225 - Document 21 (W.D. Mo. 2020)

Court Description: ORDER denying 10 motion to dismiss case.; granting 11 motion to remand. The Clerk of the Court is directed to mail a certified copy of this Order to the Clerk of the Circuit Court of Greene County, Missouri, as required by 28 U.S.C. § 1447(c). Signed on 09/15/2020 by District Judge M. Douglas Harpool. (Maerz, Mary)
Download PDF IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION LINDSEY ROTHROCK, individually, and as Next Friend of GRACE ROTHROCK AND JOLEE ROTHROCK Plaintiff, v. CAPTIAL LOGISTICS, LLC, and ALLIED WORLD ASSURANCE CO., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 6:20-cv-03225-MDH ORDER GRANTED BACKGROUND Rothrock v. Allied World Assurance Company et al Doc. 21 Rothrock v. Capital Logistics, LLC Id STANDARD See In re Bus. Men’s Assurance Co. of Am. Transit Cas. Co. v. Certain Underwriters at Lloyd’s of London See Steel Co. v Citizens for Better Env’t DISCUSSION See Arrow Fin. Servs., LLC v. Williams See Rothrock Aguilar v. GEICO Casualty Co Britt v. Otto Aguilar modified Allen v. Bryers cert. denied, Atain Specialty Ins. Co. v. Bryers, Britt Allen as Allen Allen Allen sub silentio Britt, See BMO Harris Bank v. Hawes Trust Invs., LLC Nevertheless, to the extent that GEICO suggests that it would have had the right to litigate coverage issues in the confirmation proceeding, we agree with Mr. Aguilar that the appropriate forum for that dispute at this point is the pending garnishment action See Augspurger v. MFA Oil Co. we would note that it had every opportunity to enter a defense of Ms. Hollandsworth without reservation and thus to litigate such matters, but chose not to do so Aguilar Rothrock See Thorn v. Amalgamated Transit Union Rothrock See First National Bank of Pulaski v. Curry Arrow Fin. Serv. First National Bank of Pulaski Rothrock Midwestern Indem. Co. v. Brooks See Ins. Co. of Am. CONCLUSION GRANTS Williams v. Safeco IT IS SO ORDERED. /s/ Douglas Harpool DOUGLAS HARPOOL United States District Judge