Glover v. Allstate Vehicle and Property Insurance Company

Filing 51

ORDER Granting in Part and Denying in Part Plaintiff's 34 Motion for Partial Summary Judgment. Signed by District Judge Matthew F. Leitman. (HRya)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEMETRIUS GLOVER, Plaintiff, Case No. 4:19-cv-11427 Hon. Matthew F. Leitman vs. ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY, Defendant. __________________________________________________________________/ ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF No. 34) For the reasons stated on the record on March 26, 2024, Plaintiff’s Motion for Partial Summary Judgment (ECF No. 34) is GRANTED IN PART AND DENIED IN PART as follows:  The motion is GRANTED to the extent it seeks summary judgment on the following affirmative defenses by Allstate: o Allstate’s Fourth Defense of Concealment of Fraud. (See Affirmative Defenses, ECF No. 3, PageID.23.) o Allstate’s Fifth Defense of Increase in Hazard and Criminal Activity. See Affirmative Defenses, ECF No. 3, PageID.24.) o Allstate shall be precluded from presenting those defenses at trial. 1  The motion is DENIED with respect to Allstate’s Second Defense of NonFortuitous Loss, also known as arson. (See Affirmative Defenses, ECF No. 19, PageID.21.) Allstate may present that defense to the jury. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: March 27, 2024 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 27, 2024, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126 2

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