STATE AUTO PROPERTY AND CAS. INS. CO. v. GORSUCH

No. 1:03CV00128.

323 F.Supp.2d 746 (2004)

STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, v. Edwin L. GORSUCH, et al., Defendants.

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

July 8, 2004.


Attorney(s) appearing for the Case

Jane S. Glenn, Melissa W. Robinson, Jones, Glenn & Robinson, PLC, Roanoke, Virginia, for Plaintiff.

J. Rudy Austin, Karen M. Coon, Gentry, Locke, Rakes & Moore, LLP, Roanoke, Virginia, for Defendants Edwin L. Gorsuch, Kathy J. Gorsuch, and Gorsuch Enterprises, Inc.

William M. Moffet, Laura E. Wilson, Penn, Stuart & Eskridge, Abingdon, Virginia, for Defendants William Russell Stevenson and BH & P Mine, Tire and Supply, Inc.


OPINION

JONES, Chief Judge.

In this insurance coverage dispute governed by Virginia law, the insurance company seeks a declaratory judgment that it has no duty to defend a tort claim filed against its insured for damages resulting from a flooding event. Before me are cross motions for summary judgment, which I resolve in the defendants' favor.1

I

The present dispute arises out of a general commercial liability...

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