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  5. 264 F.Supp.2d 261 (2003)
 

ERIE INS. EXCHANGE v. VIRGIN ISLANDS ENTERPRISES, INC.

No. CIV.2001-215.

264 F.Supp.2d 261 (2003)

ERIE INSURANCE EXCHANGE, Plaintiff, v. VIRGIN ISLANDS ENTERPRISES, INC. d/b/a/ Avis Car Rental, Defendant

District Court, Virgin Islands, D. St. Thomas and St. John.

May 19, 2003.

Attorney(s) appearing for the Case

James L. Hymes, III, St. Thomas, VI, for the plaintiff.

Douglas L. Capdeville, St. Croix, VI, for the defendant.

MEMORANDUM

MOORE, District Judge.

Defendant Virgin Islands Enterprises, Inc. d/b/a/ Avis Car Rental ["defendant" or "Avis"] moves for summary judgment, which plaintiff Erie Insurance Exchange ["plaintiff' or "Erie"] opposes. As I find that Avis is not liable for the pre-tender legal expenses incurred by Erie, I will grant defendant's motion.

I. FACTUAL BACKGROUND

On April 30, 1996, CZOP Construction Inc. ["CZOP"] leased a vehicle from Avis...

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