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AMERICAN MOTOR INNS, INC. v. HARBOR INS. CO.

Civ. A. No. 82-0383(R).

590 F.Supp. 468 (1984)

AMERICAN MOTOR INNS, INC., a Virginia corporation, and Flamboyant Investment Co., Ltd., a U.S. Virgin Islands corporation and a wholly-owned subsidiary of American Motor Inns, Inc., and Atlas Motor Inns, Inc., a Virginia corporation and a wholly-owned subsidiary of American Motor Inns, Inc., Plaintiffs, v. HARBOR INSURANCE COMPANY, a California corporation, and Affiliated FM Insurance Co., a Rhode Island corporation, and Richard Utesch, a citizen of Florida, Defendants.

United States District Court, W.D. Virginia, Roanoke Division.

May 9, 1984.

Attorney(s) appearing for the Case

S.D. Roberts Moore, James R. Austin, Gentry, Locke, Rakes & Moore, Roanoke, Va., for plaintiffs.

John L. Walker, Jr., James W. Jennings, Jr., John D. Eure, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., for Harbor Ins. Co.

Andrew P. Miller, Alexandria, Va., Michael E. Nannes, Dickstein, Shapiro & Morin, Washington, D.C., for FM Ins.

Richard M. Thomas, Lichtenstein, Weckstein & Raney, Roanoke, Va., Peter A. Martin, P.A., Olathe, Kan., for Utesch.

MEMORANDUM OPINION

TURK, District Judge.

This declaratory judgment action is before the court on cross-motions for summary judgment. The parties have conducted discovery and extensively briefed the issues, and the court has heard oral argument. The summary judgment motions are now ripe for a decision by the court.

I.

This controversy tragically arose when Richard Utesch (Utesch) became a quadriplegic as a result of an accident that occurred...

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