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14-2848 - Metropolitan Property and Casualty Insurance Company v. Marti et al.


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14-2848 - Metropolitan Property and Casualty Insurance Company v. Marti et al.
February 5, 2016
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MEMORANDUM OPINION AND ORDER. 1. Defendant Barbara Marti's Motion for Summary Judgment (Doc. No. 35) is DENIED. To the extent Barbara Marti's summary judgment motion seeks a declaration of coverage under the West Bend Policy to cover Morg underlying lawsuit. (Written Opinion) Signed by Judge Donovan W. Frank on 2/5/2016. (BJS)an Creek's liability, that portion of the summary judgment motion is DENIED AS MOOT. The parties do not dispute that West Bend is obligated to cover Morgan Creek's liability if such liability is established in the underlying lawsuit. 2. Plaintiff's Motion for Summary Judgment (Doc. No. 44) is GRANTED IN PART and DENIED IN PART as follows: a. The Court grants summary judgment in favor of Plaintiff with respect to the Metropolitan Policy. The Metropolitan Policy issued to Hearn provides no coverage for any claims asserted by B. Marti against Hearn arising out of the September 22, 2012 accident because coverage is excluded under the motorized land vehicle exclusion, and the recreational use exception to this exclusion does not apply. Plaintiff owes no duty to defend or indemnify Hearn in connection with the underlying lawsuit. b. The Court denies Plaintiff's summary judgment motion to the extent Plaintiff seeks a declaration with respect to the West Bend Policy. The West Bend Policy issued to Morgan Creek provides no coverage for any claims asserted by B. Marti against Hearn arising out of the September 22, 2012 accident because Hearn is not an insured under the terms of the policy. West Bend owes no duty to defend or indemnify Hearn in connection with the underlying lawsuit. c. The Court denies as moot summary judgment with respect to Plaintiff's priority of coverage argument. 3. Defendant West Bend Mutual Insurance Company's Motion for Summary Judgment (Doc. No. 50) is GRANTED IN PART and DENIED IN PART as follows: a. The Court grants summary judgment in favor of West Bend with respect to the West Bend Policy for the reasons stated above. West Bend owes no duty to defend or indemnify Hearn in connection with the underlying lawsuit. b. The Court denies West Bend's summary judgment motion with respect to the Metropolitan Policy for the reasons stated above. Plaintiff owes no duty to defend or indemnify Hearn in connection with the