ADAMS v. INSURANCE CO. OF NORTH AMERICA

Nos. Civ.A. 2:05-0527, Civ.A. 2:05-0528, Civ.A. 2:05-0529, Civ.A. 2:05-0531.

426 F.Supp.2d 356 (2006)

Gene B. ADAMS and George Hashman and Howard Leon Powell, Jr. and James F. Kowcheck and John Weaver and Gerald C. Barlow and Teresa M. Barlow and Edsel W. Pack, Executor of the Estate of William A. Pack and Sally Silbernagel, Personal Representative of the Estate of Michael Grubryn, and Robert Lyle Copeland, Sr. and William J. Zuleski, Personal Representative for the Estate of William Zuleski, Individually and as representatives of a proposed class on behalf of themselves and others similarly situated, Plaintiffs v. INSURANCE COMPANY OF NORTH AMERICA (INA) and Liberty Mutual Insurance Company and Cigna Corporation and Century Indemnity Company and American International Group, Inc. and American International Underwriters and American Home Assurance Company and Birmingham Fire Insurance Company of Pennsylvania and Granite State Insurance Company and Insurance Company of the State of Pennsylvania and Lexington Insurance Company and CNA d/b/a Continental Casualty Company and National Union Fire Insurance Company of Pittsburgh and Employers Insurance of Wausau Defendants and Harold Meninger and Madison Peyatte and William J. Zuleski, Personal Representative for the Estate of William Zuleski, and Glen E. Robertson and Edsel W. Pack, Executor of the Estate of William A. Pack, Individually and as representatives of a proposed class on behalf of themselves and others similarly situated, Plaintiffs v. The Travelers Insurance Company and the Travelers Indemnity Company and the Travelers Insurance Group Holdings Inc. and the Travelers Casualty & Surety Company f/k/a Aetna Casualty & Surety Company and Onebeacon America Insurance Company f/k/a Commercial Union Insurance Defendants and Charles L. Wise and Blanche I. Hartley, Executrix for the Estate of Okey Hartley and Sheila J. Brown, Executrix for the Estate of James Ash, and George W. Yocum and John Weaver and Gerald C. Barlow and Teresa M. Barlow and Brenda A. Malone, Personal Representative for the Estate of Gerald Emerson Malone, and James Simmons and Wanda Mellott, Personal Representative for the Estate of James Mellott, and Tab F. Eddy, Personal Representative for the Estate of Edward Lyle Eddy, Individually and as representatives of a proposed class on behalf of themselves and others similarly situated, Plaintiffs v. Onebeacon American Insurance Company formerly known as Commercial Union Insurance Company and Brandywine Holdings Inc. and Century Indemnity Company and Kemper Insurance Company and Lumbermens Mutual Casualty Company and American Motorists Insurance Company and American International Group, Inc. and American International Underwriters and American Home Assurance Company and Birmingham Fire Insurance Company of Pennsylvania and Granite State Insurance Company and Insurance Company of the State of Pennsylvania and Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh Defendants and Charles L. Wise and Blanche I. Hartley, Executrix for the Estate of Okey Hartley, and Sheila J. Brown, Executrix for the Estate of James Ash, and George W. Yocum and John Weaver and Gerald C. Barlow and Teresa M. Barlow and Brenda A. Malone, Personal Representative for the Estate of Gerald Emerson Malone, and James Simmons and Wanda Mellott, Personal Representative for the Estate of James Mellott and Tab F. Eddy, Personal Representative for the Estate of Edward Lyle Eddy, Individually and as representatives of a proposed class on behalf of themselves and others similarly situated, Plaintiffs v. The Travelers Indemnity Company and The Travelers Insurance Company and Travelers Property Casualty Corp. and Aetna Casualty and Surety Company Now Known as Travelers Casualty & Surety Company and Insurance Company of North America (INA) and Commercial Union Insurance Company Now Known as Onebeacon America Insurance Company and Ace USA and Liberty Mutual Insurance Company and Cigna Corporation and A & I Company, Defendants

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

March 30, 2006.


Attorney(s) appearing for the Case

Anne McGinness Kearse, Donald A. Migliori, Michael Elsner, Ronald L. Motley, Ness Motley, Mount Pleasant, SC, Bruce Carter, Fairfield, OH, Bruce E. Mattock, David P. Chervenick, Goldberg Persky & White, Pittsburgh, PA, Gary O. Galiher, Galiher Derobertis Nakaumra Ono & Takitani, Honolulu, HI, Geraldine M. Guerin, James F. Humphreys & Associates, J. David Cecil, John H. Skaggs, W. Stuart Calwell, The Calwell Practice, William K. Schwartz, Harvit & Schwartz, Charleston, WV, Kristen Fritz, Thornton & Naumes, Boston, MA, R. Dean Hartley, Hartley & O'Brien, Wheeling, WV, for Plaintiffs.

Andrew H. Marks, Clifton S. Elgarten, Paul Kalish, Tracy A. Roman, Crowell & Moring, Washington, DC, Clarence E. Martin, III, Martin & Seibert, Martinsburg, WV, Gerald V. Weigle, Jr., Dinsmore & Shohl, Cincinnati, OH, John H. Tinney, Jr., The Tinney Law Firm, Charleston, WV, D.C. Offutt, Jr., Offutt Fisher & Nord, Huntington, WV, Paul Koepff, Tancred Schiavoni, O'Melveny & Myers, New York, NY, Clifford F. Kinney, Jr., Don C.A. Parker, James S. Crockett, Jr., Marey Casey, Spilman Thomas & Battle, Charleston, WV, Frederick C. Schafrick, John D. Aldock, Mark S. Raffman, Michael S. Giannotto, Goodwin Procter, Washington, DC, Pamela C. Deem, Robert B. Allen, Allen Guthrie McHugh & Thomas, Charleston, WV, for Defendants.


MEMORANDUM OPINION AND ORDER

COPENHAVER, District Judge.

Pending are plaintiffs' motions (1) to reassign this action, filed July 21, 2005, (2) for remand, (3) for oral argument on the remand motion, both filed July 29, 2005, and (4) for substitution of a party, filed November 1, 2005.

The first motion is based upon the prior assignment of a related case to the Honorable Robert C. Chambers. Reassignment is inappropriate for at least two reasons...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases