State Farm Mutual Automobile Insurance Company v. Moore Jr. et al

Filing 21

ORDER denying 15 Motion for Summary Judgment. State Farm is ordered to Show Cause, within 30 days of this Order, why this matter should not be dismissed. Signed by Judge B. Avant Edenfield on 03/21/2011. (lmm)

-GRS State Farm Mutual Automobile Insurance Company v. Moore Jr. et al

Doc. 21

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. 4: 10-cv-222

4 ¶ 9 (McCall's answer); Doc. 6 ¶ 9 (Warnock's answer); Doc. 7 ¶ 9 (Liberty Mutual' s answer). At the time of the collision, Moore was employed by McCall, was driving a truck owned by McCall, and was acting within the scope of his employment. See Doc. 15-5 at 2. The McCall truck was insured by Liberty Mutual. See id. In the Petition, State Farm seeks a declaration that no coverage is available under its policy number W402-222-1 1G (the "Policy") for damages arising out of the collision. See Doc. 1. State Farm alleges that the Policy covers a 1999 Chevrolet Suburban individually owned by Moore, which was not involved in the collision. See Doc. 15-5 at 2. State Farm has moved for summary judgment on its coverage claims. See Doc. 15. None of the Defendants have filed a response. II. ANALYSIS "The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." F ED. R. C IV. P. 56(a). In ruling on summary judgment, the Court views the facts and inferences from the record in the light most favorable to the nonmoving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); United States v. Four Parcels of Real Prop. in Greene and Tuscaloosa Counties, 941 F.2d 1428, 1437 (11th Cir. 1991).

ROY EDWARD MOORE, JR., LOU WARNOCK, MCCALL HEATING AND AIR CORPORATION, JOHN F. MCCALL, LIBERTY MUTUAL INSURANCE COMPANY, Defendants. ORDER I. INTRODUCTION State Farm Mutual Automobile Insurance Company ("State Farm") filed a petition for declaratory judgment on September 24, 2010 (the "Petition"). See Doc. 1. Defendants Lou Warnock ("Warnock"), Liberty Mutual Insurance Company ("Liberty Mutual"), and McCall Heating and Air Corporation and John F. McCall (collectively "McCall") have responded to the Petition. Defendant Roy Edward Moore, Jr. ("Moore"), for whom a summons was not issued until March 8, 2011, has not responded. See Doc. 19. State Farm alleges that "[o]n January 14, 2008, Roy Edward Moore, Jr., was involved in a motor vehicle collision with a vehicle operated by Lou Warnock." See Doc. 1 ¶ 9. In their responses to the Petition, McCall, Warnock, and Liberty Mutual each admit the allegations in this paragraph. See Doc.

Dockets.Justia.com

"The moving party bears `the initial responsibility of informing the . . . court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.'" Four Parcels, 941 F.2d at 1437 (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). State Farm has failed to carry this burden. State Farm attached a copy of the Policy to the Petition along with a certification from State Farm's underwriters, see Doc. 1-2, and attached a copy of the Policy to the motion for summary judgment, see Doc. 15-4. The declarations pages on both copies of the Policy state the policy period as September 26, 2003 to February 13, 2004. See Doc. 1-2 at 19; Doc. 15-4 at 2. The notarized certification page from State Farm's underwriters, attached to the Petition, states that the Policy was in effect on January 10, 2008. See Doc. 1-2 at 1. As the Court previously noted, all the parties agree that the collision for which State Farm disclaims coverage occurred on January 14, 2008. As such, the date of the collision falls outside any coverage period established by the evidence presented by State Farm. The Court cannot make a coverage determination on a Policy that has not been presented for the Court's review.
III. CONCLUSION

State Farm is further ORDERED TO SHOW CAUSE, within thirty (30) days of this order, why this matter should not be dismissed.

This 21st day of March 2011.

I E- 741a,:

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BAVANTPDENFIELØ,JUDGE UNFED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

State Farm's motion for summary judgment is DENIED.

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