12/3/2023 0 Comments Arch insuranceShaffer Ford replaced performed a diesel lube, oil, and filter change and replaced several parts, including the Vehicle’s turbo and charge air cooler. The Aurora VFD took the Vehicle to Shaffer Ford for repairs and maintenance on Maafter it “made a loud pop, lost power, and emitted black smoke.” Id. The Aurora VFD owned a 2004 Ford F-Super Duty 550 with 6.0L OHV Diesel V8 engine (“the Vehicle”), which it insured with Arch Insurance. FACTUAL ALLEGATIONS Arch Insurance brings its claims on behalf of its insured, Aurora Volunteer Fire Department (“the Aurora VFD”). On March 9, 2022, Navistar moved to dismiss Shaffer Ford’s crossclaims against it pursuant to Federal Rule of Civil Procedure 12(b)(6). Shaffer Ford timely answered the Amended Complaint and filed a crossclaim against the other defendants for indemnity and contribution. Arch Insurance amended its complaint on January 25, 2022, to add Navistar, Caterpillar Inc., Caterpillar Reman Powertrain Indiana LLC, and Caterpillar Used Equipment Services, Inc. June 23, 2021, Ford removed the case to this Court based on diversity of citizenship with Shaffer Ford’s consent. 1:21CV82 MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS CROSSCLAIM AGAINST NAVISTAR, INC. (“Shaffer Ford”) and Ford Motor Company (“Ford”) in the Circuit Court of Preston County, West Virginia. (“Arch Insurance”), filed a Complaint against Shaffer Ford Sales Inc. PROCEDURAL HISTORY On March 15, 2021, the plaintiff, Arch Insurance Company, Inc. For the reasons discussed herein, the Court GRANTS the motion. The motion is fully briefed and ripe for review. Pending before the Court is Navistar, Inc.’s motion to dismiss the crossclaim against it filed by Shaffer Ford Sales, Inc. MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS CROSSCLAIM AGAINST NAVISTAR, INC. FORD MOTOR COMPANY, a Delaware Corporation, NAVISTAR, INC., CATERPILLAR INC., CATERPILLAR REMAN POWERTRAIN INDIANA LLC, CATERPILLAR USED EQUIPMENT SERVICES, INC., Defendants/Cross Defendants. 1:21CV82 (KLEEH) SHAFFER FORD SALES INC., a Maryland Corporation, Defendant/Cross Claimant, v. 77 Case 1:21-cv-00082-TSK Document 77 Filed 01/30/23 of 6 PageID #: 390 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ARCH INSURANCE COMPANY INC., a/s/o Aurora Volunteer Fire Department, Plaintiff, v. Sadly, we'll be stuck with the much more complex raft of state-by-state regulator sticking points and loop holes for the foreseeable future - making the US the only industrialized country in the world to lack national paid leave regulations.Arch Insurance Company Inc. It was replace by a condensed version after Senator Joe Manchin rejected the original, and even that shortened edition of the provision didn't ultimately make its way into law. House of Representatives in November 2021. Most recently, a paid family leave provision was slipped into the “Build Back Better Act,” which passed the U.S. No, we're probably not getting a nationwide paid leave mandate, at least in the near future. There are a lot of things that you as an employer need to be looking out for when you have employees across these different states.” Will We Get a Federal Paid Leave Law Anytime Soon? “You can see this is really starting to catch on more and more here. Speaking at a Disability Management Employer Coalition webinar that was recently covered by HR Dive, Tom Foschino, vice president of accident and health at Arch Insurance Group, discussed the rising number of states with mandated paid leave.
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