Priddy v. Atlantic Specialty Insurance Company et al
||Atlantic Specialty Insurance Company and Brentwood Services Administrators, Inc.
||November 1, 2017
||US District Court for the Northern District of Indiana
||Fort Wayne Office
||Susan L Collins
||Theresa L Springmann
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|June 24, 2020
OPINION AND ORDER DENYING in part and GRANTING in part 31 MOTION for Summary Judgment filed by Atlantic Specialty Insurance Company, Brentwood Services Administrators, Inc. The Motion is DENIED as to Plaintiff's claim fo r breach of contract relating to eligibility for coverage under the Policy. The Court concludes as a matter of law that Plaintiff was, in fact, "under dispatch" at the time of the accident as the term is defined in the Policy and that he s ubstantially complied with the claims provisions, thereby making him eligible for coverage under the Policy. The Court, sua sponte, finds that there is no genuine dispute of fact on these issues and Plaintiff is GRANTED summary judgment on those iss ues. Defendant's Motion for Summary Judgment is GRANTED as to all remaining breach of contract issues and all other claims. The Defendants' Motion to Strike 41 is DENIED as MOOT. The Defendants' Motion for Oral Argument 43 is DENIED. Signed by Judge Holly A Brady on 6/24/2020. (mrm)
|November 6, 2017
OPINION AND ORDER: Plaintiff is granted to and including 11/20/2017 to file an amended complaint that properly alleges federal subject matter jurisdiction o the basis of diversity of citizenship. Signed by Magistrate Judge Susan L Collins on 11/6/17. (ksp)
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