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Permanent General Assurance Corp. v. Powell

United States District Court, W.D. Arkansas, Fort Smith Division

September 25, 2019

PERMANENT GENERAL ASSURANCE CORPORATION PLAINTIFF
v.
BRANDON POWELL, et al. DEFENDANTS

          OPINION AND ORDER

          P.K. HOLMES, III U.S. DISTRICT JUDGE

         Before 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).

         PGAC separately filed a motion for default judgment against Separate Defendant Jessica McClure (Doc. 61) and a brief in support (Doc. 62).[1] 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.

         I. Background

         Plaintiff 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).

         The 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).
You” and “your” mean:
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
Insuring Agreement
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 because of:
a. Bodily injury; ...

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