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McCOY v. ERIE INS. CO.

Civ.A. No. 2:01-0054.

147 F.Supp.2d 481 (2001)

Diana G. McCOY, Plaintiff, v. ERIE INSURANCE COMPANY, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

June 18, 2001.

Attorney(s) appearing for the Case

D. Kevin Moffatt, Harless & Moffatt, PLLC, Charleston, WV, Ronald R. Parry, David A. Futscher, Arnzen, Parry & Wentz, PSC, Covington, KY, Judy L. Cates, Carr, Korein, Tillery, Kunin, Montroy, Cates, Katz & Glass, Belleville, IL, Christopher A. Seeger, Seeger Weiss LLP, New York City, for plaintiff.

James D. Lamp, Sheryl A. Rucker, Lamp, O'Dell, Bartram, Levy & Trautwein, Huntington, WV, Jeffrey A. Less, Paul B. Bech, Bazelon Less & Feldman, P.C., Philadelphia, PA, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Plaintiff's motion to remand and Defendants' motion to dismiss.1 Both motions are DENIED.

I. FACTUAL BACKGROUND

On May 17, 2000 Plaintiff Diana G. McCoy was involved in an accident that seriously damaged her car. Erie insured the vehicle.2 The applicable Policy contained the following language under...

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