United States District Court, W.D. Arkansas, Fort Smith Division
OPINION AND ORDER
HOLMES, III U.S. DISTRICT JUDGE
the Court is Separate Defendants Mina Anderle and
C.A.’s (the “Anderle Defendants”), motion
for summary judgment (Doc. 32). The Anderle Defendants filed
a brief (Doc. 33) and statement of facts (Doc. 34) in
support. Plaintiff Permanent General Assurance Corporation
(“PGAC”), filed a cross motion for summary
judgment and response (Doc. 35), as well as a brief (Doc. 36)
and statement of facts (Doc. 37) in support. PGAC also filed
a response (Doc. 38) to the Anderle Defendants’
statement of facts (Doc. 34).
separately filed a motion for default judgment against
Separate Defendant Jessica McClure (Doc. 61) and a brief in
support (Doc. 62). The Anderle Defendants filed a response in
opposition to the motion for default judgment (Doc. 63).
PGAC’s cross motion for summary judgment will be
granted and the Anderle Defendants’ motion for summary
judgment will be denied.
PGAC is a corporation authorized to write automobile
liability insurance in the State of Arkansas. (Doc. 18). PGAC
issued an automobile insurance policy to Defendant Britt
effective on July 11, 2017. (Doc. 34). The policy listed a
2003 Cadillac Deville (“vehicle”), owned by
Britt, as an insured vehicle. Britt purchased the vehicle
from McClure. The declaration page of the policy lists Britt
as the only driver/household member. (Doc. 37-1, p. 2).
portions of the policy relevant to this lawsuit read, with
emphases in original:
Bolded terms used in this policy shall have the meaning shown
in the Policy Definitions except when
defined in the coverage part. (Doc. 37-1, p. 9).
“Insured driver” is a
person specifically identified on the
declarations page as an active driver under
this policy. (Doc. 37-1, p. 13).
“Named insured” means the
person or persons shown on
the declarations page as the policyholder,
or designated as “Named
Insured.” (Doc. 37-1, p. 13).
a. The named insured; and
b. If residing in the same
household as the named
insured, his or her:
(1) Spouse; or
(2) Domestic partner . . . .” (Doc. 37-1, p. 14).
PART I – LIABILITY COVERAGE
1. Subject to the limits of liability, if
you buy Liability Coverage from
us on this policy, we will
pay compensatory damages, for which an
insured person is legally liable to others
a. Bodily injury; ...