BROWN et al v. PENN NATIONAL SECURITY INSURANCE COMPANY
| TIFFANY WILMOUTH, DELORIS BROWN and JEREMY BROWN |
| PENN NATIONAL SECURITY INSURANCE COMPANY |
| 1:2012cv01204 |
| November 9, 2012 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Surry |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Defendant |
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Filing
40
MEMORANDUM ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 3/17/2014, that the Magistrate Judge's Recommendation is ADOPTED as modified herein, and that Penn National's motion for summary judgment (Doc. 19 ) is GRANTED as to Plaintiffs' claim for coverage under the Policy but is DENIED as to coverage under the Act. (Daniel, J)
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Filing
28
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER signed on 1/28/2014. For the foregoing reasons, this Court finds that there is genuine issue of material fact as to whether Defendant has a duty and obligation und er NCFRA to provide benefits and coverage for any injuries sustained by Plaintiff on 6/3/2012. The Court finds that there is no genuine issue of material fact as to whether coverage exists pursuant to Policy terms because Mrs. Ferguson was not an &qu ot;insured" as defined by the Policy. Accordingly, the Court RECOMMENDS that Defendant's motion for summary judgment (Docket Entry 19 ) be GRANTED IN PART as to coverage under the Policy, and DENIED IN PART as to claims under the NCFRA. (Daniel, J)
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