Memorandum Opinion and Order

This civil action was filed in the Circuit Court of McDowell County, West Virginia, on October 23, 2002.  The plaintiff, Judith L. Fleming ("Fleming") is a citizen and resident of West Virginia, who was employed by the Board of Education of Mercer County, West Virginia.  The defendant United Teacher Associates Insurance Company ("United Teachers") is a corporation organized and existing under the laws of Texas with a principal place of business in Austin, Texas.  Jennifer Seckman ("Seckman") is a citizen and resident of West Virginia, is named as an additional defendant.  Seckman is an insurance agent who worked for United Teachers.