Nunnally v. Stillwater Insurance Company

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Nunnally v. Stillwater Insurance Company

Nunnally v. Stillwater Insurance Company

Plaintiff:	Michelle L. Nunnally
Defendant:	Stillwater Insurance Company
Case Number:	4:2018cv00680
Filed:	April 30, 2018
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Presiding Judge:	Patricia L. Cohen
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Both

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Date Filed	Document Text
July 24, 2019	Filing 47 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant's motion for summary judgment [ECF No. 19] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs motion for summary judgment [ECF No. 25] is DENIED. IT IS HEREBY ORDERED that Plaintiff is no t entitled to stack the Policy's UIM coverage to obtain a payment of more than $100,000 from Defendant. IT IS FURTHER ORDERED that Defendant is liable to pay Plaintiff up to $100,000 in UIM coverage, with the actual amount due from D efendant calculated by deducting the $25,000 the other driver's insurer paid Plaintiff from the total damages awarded to Plaintiff. If the difference is $100,000 or more, Defendant must pay Plaintiff $100,000 under the Policys UIM coverage. Otherwise, Defendant must pay Plaintiff the actual difference. IT IS FINALLY ORDERED that Plaintiff's request for oral argument on the motions for summary judgment [ECF No. 41] is DENIED. Signed by Magistrate Judge Patricia L. Cohen on July 24, 2019. (MCB)
May 7, 2019	Filing 44 MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiff's motion to compel 23 is DENIED without prejudice as moot to the extent it focuses on Defendant's responses to Plaintiff's interrogatory 12 in Plaintiff 's first set of interrogatories and requests for production 12, 16, and 17 in Plaintiff's first request for production, as well as Defendants assertion of the attorney/client privilege in response to any of Plaintiff's discovery reques ts that are the subject of Plaintiffs motion to compel.IT IS FURTHER ORDERED that Plaintiff's motion to compel 23 is otherwise GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Plaintiff's motion to compel 23 is GRANTED so that Defendant must disclose to Plaintiff with respect to material withheld by Defendant that: (1) is not protected by the attorney/client privilege and, until October 11, 2017, (2) was prepared or obtained by Defendant in response to Plaintiff 's UIM claim. IT IS FINALLY ORDERED that, no later than May 28, 2019, Defendant shall answer Plaintiff's interrogatories 8 and 13 and produce material responsive to Plaintiff's requests for production 2, 9, 10, 11 and 13 in accordance with this Order. Signed by Magistrate Judge Patricia L. Cohen on 5/7/2019. (CBL)

Date Filed

Document Text

July 24, 2019

Filing 47 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant's motion for summary judgment [ECF No. 19] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs motion for summary judgment [ECF No. 25] is DENIED. IT IS HEREBY ORDERED that Plaintiff is no t entitled to stack the Policy's UIM coverage to obtain a payment of more than $100,000 from Defendant. IT IS FURTHER ORDERED that Defendant is liable to pay Plaintiff up to $100,000 in UIM coverage, with the actual amount due from D efendant calculated by deducting the $25,000 the other driver's insurer paid Plaintiff from the total damages awarded to Plaintiff. If the difference is $100,000 or more, Defendant must pay Plaintiff $100,000 under the Policys UIM coverage. Otherwise, Defendant must pay Plaintiff the actual difference. IT IS FINALLY ORDERED that Plaintiff's request for oral argument on the motions for summary judgment [ECF No. 41] is DENIED. Signed by Magistrate Judge Patricia L. Cohen on July 24, 2019. (MCB)

May 7, 2019

Filing 44 MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiff's motion to compel 23 is DENIED without prejudice as moot to the extent it focuses on Defendant's responses to Plaintiff's interrogatory 12 in Plaintiff 's first set of interrogatories and requests for production 12, 16, and 17 in Plaintiff's first request for production, as well as Defendants assertion of the attorney/client privilege in response to any of Plaintiff's discovery reques ts that are the subject of Plaintiffs motion to compel.IT IS FURTHER ORDERED that Plaintiff's motion to compel 23 is otherwise GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Plaintiff's motion to compel 23 is GRANTED so that Defendant must disclose to Plaintiff with respect to material withheld by Defendant that: (1) is not protected by the attorney/client privilege and, until October 11, 2017, (2) was prepared or obtained by Defendant in response to Plaintiff 's UIM claim. IT IS FINALLY ORDERED that, no later than May 28, 2019, Defendant shall answer Plaintiff's interrogatories 8 and 13 and produce material responsive to Plaintiff's requests for production 2, 9, 10, 11 and 13 in accordance with this Order. Signed by Magistrate Judge Patricia L. Cohen on 5/7/2019. (CBL)

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Plaintiff: Michelle L. Nunnally
Represented By:	Andrew B. Klein
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Defendant: Stillwater Insurance Company
Represented By:	Jacqueline M. Kinder
Represented By:	Brendon T. Sanders
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