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CHAPMAN v. CLARENDON NAT. INS. CO.

No. 2:03CV784.

299 F.Supp.2d 559 (2004)

Jesse A. CHAPMAN, Plaintiff, v. CLARENDON NATIONAL INSURANCE COMPANY, Empire Fire and Marine Insurance Company, Scottsdale Indemnity Company, a/k/a Scottsdale Insurance Company, Allstate Insurance Company, Dollar Rent A Car Systems, Inc., a/k/a Dollar Rent-a-Car, t/a Dollar Rent-a-Car, P.R.T. Enterprises, Inc., t/a Dollar Rent-a-Car, P.R.P. Enterprises, Inc., t/a Dollar Rent-a-Car, Christine Bouchonville, and Andrew J. Bouchonville, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

January 7, 2004.

Attorney(s) appearing for the Case

Douglas B. Wessel, Esquire, Reston, VA, for Plaintiff.

Eric S. Jensen, Esquire, Mark S. Paullin, Esquire, Jensen & Associates, PC, Richmond, VA, Ira S. Lipsius, Esquire, Schindel, Farman & Lipsius, LLP, New York City, for Defendant Clarendon National Insurance Company, Scottsdale Indemnity Co., Dollar Rent A Car, P.R.T. Enterprises, Inc., and P.R.P. Enterprises.

George J. Dancigers, Esquire, Deborah B. Vaughn, Esquire, McKenry, Dancigers, Warner, Dawson & Lake, PC, Norfolk, VA, for Defendants Empire State and Marine Insurance Company.

OPINION AND ORDER OF REMAND

REBECCA BEACH SMITH, District Judge.

This matter comes before the court on defendant Empire Fire and Marine Insurance Company's motion to dismiss the complaint for failure to state a claim upon which relief can be granted. For the reasons set forth below, the court declines jurisdiction and REMANDS the suit to the Circuit Court of the City of Norfolk. Accordingly, defendant's motion is MOOT.

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