Justice v. CNA Nat'l Warranty Corp.

346 F. Supp. 3d 873
CourtUnited States District Court
DecidedSeptember 27, 2018
DocketCivil Action No. 2:17-cv-01997
StatusPublished
Cited by2 cases

This text of 346 F. Supp. 3d 873 (Justice v. CNA Nat'l Warranty Corp.) is published on Counsel Stack Legal Research, covering United States District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Justice v. CNA Nat'l Warranty Corp., 346 F. Supp. 3d 873 (usdistct 2018).

Opinion

John T. Copenhaver, Jr., United States District Judge

Pending is defendant CNA National Warranty Corporation's motion to dismiss.

I. Factual and Procedural Background

Plaintiff Lori D. Justice purchased an automobile from Thornhill Ford Lincoln in Logan, West Virginia on August 13, 2014. Compl. ¶ 4. "As part of the purchase transaction, [Justice] also purchased so-called 'Gap Insurance' from Thornhill, through Defendant CNA National Warranty Corporation. [Justice] paid Nine Hundred 00/100 Dollars ($900.00) to CNA National Warranty Corporation for the insurance coverage." Compl. at ¶ 5. CNA National Warranty Corporation (hereinafter "CNA Warranty") "was not licensed to sell insurance at any time by the West Virginia Offices of the Insurance Commissioner."1 Id. at ¶ 7. The Gap Insurance agreement provided that "in the event of the Total Loss of the Vehicle ... Dealer/Creditor will waive [purchaser's] liability for the difference between the Net Finance Contract Payoff as of the Date of Loss and the Actual Cash Value[.]" Id. at ¶ 6. Justice does not claim that any incident occurred resulting in the total loss of her vehicle, or *875that she has otherwise attempted to obtain benefits from her Gap Insurance.

On February 9, 2017, Justice filed a class action in the Circuit Court of Logan County, West Virginia individually and on behalf of "[a]ll West Virginia consumers who purchased 'gap insurance' offered by CNA National Warranty Corporation and were charged a premium." Id. at ¶ 8. Justice claims that CNA Warranty violated West Virginia Code § 33-3-1 by selling Gap Insurance without a license, and that this unlawful sale violates the West Virginia Consumer Credit and Protection Act ("WVCCPA"), W. Va. Code § 46a-2-127, barring unfair or deceptive debt collection practices. Id. §§ 1, 13, 14. CNA Warranty removed the case to federal court on March 24, 2017, pursuant to the Class Action Fairness Act, 28 U.S.C. § 1453. On May 1, 2017, CNA Warranty filed the motion to dismiss, claiming that the alleged conduct is not covered by the WVCCPA. This case has been stayed pending a ruling on a similar issue in another case in this court that has recently been resolved. Hinkle v. Matthews, civil action number 2:15-cv-13856.

II. Motion to Dismiss Standard

Federal Rule of Civil Procedure 8(a)(2) requires that a pleading contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Rule 12(b)(6) correspondingly provides that a pleading may be dismissed when there is a "failure to state a claim upon which relief can be granted."

Evaluation of a motion to dismiss is underlain by two principles. First, the court "must accept as true all of the factual allegations contained in the [pleading]." Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). Such factual allegations should be distinguished from "mere conclusory statements," which are not to be regarded as true. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ("[T]he tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions."). Second, the court must "draw[ ] all reasonable factual inferences ... in the [nonmovant's] favor." Edwards v. City of Goldsboro, 178 F.3d 231, 244 (4th Cir. 1999).

III. Discussion

CNA Warranty seeks dismissal of Justice's sole count in her complaint, that CNA Warranty violated the debt collector provisions of the WVCCPA, W. Va. Code § 46A-2-127, when it allegedly sold insurance without a license.2 Section 46A-2-217 provides: "No debt collector shall use any fraudulent, deceptive or misleading representation or means to collect or attempt to collect claims or to obtain information concerning consumers." CNA Warranty argues that it is not a "debt collector" within the protections of Article 2 of the WVCCPA. (ECF # 14 at 3).

In West Virginia, "[t]he primary object in construing a statute is to ascertain and give effect to the intent of the Legislature." Hammons v. W. Va. Office of Ins. Comm'r, 235 W. Va. 577, 584, 775 S.E.2d 458 (2015) (quoting Syl. Pt. 1, Smith v. State Workmen's Comp. Comm'r, 159 W. Va. 108, 219 S.E.2d 361 (1975) ). This analysis begins with the plain language of the statute. Ancient Energy, Ltd. v. Ferguson, 239 W.Va. 723, 806 S.E.2d 154, 157 (W. Va. 2017). If the plain language *876is unambiguous, no further interpretation is necessary. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
346 F. Supp. 3d 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/justice-v-cna-natl-warranty-corp-usdistct-2018.