Fri, Nov 1, 2013
Dietrich wins summary judgment in uninsured motorist case
Jennifer Dietrich won a motion for summary judgment in the Circuit Court of Franklin County in a case involving uninsured motorist coverage for the death of the insureds’ granddaughter in an automobile accident. The insureds’ daughter brought suit against the insureds’ automobile insurance carrier alleging she and her daughter were entitled to uninsured motorist benefits under the insureds’ policy. Dietrich won the motion by arguing (1) that Plaintiff’s daughter did not reside primarily with her grandparents and was not an insured under their policy and (2) that the wrongful death of Plaintiff’s daughter, who was not insured under the policy, did not allege bodily injury on the part of Plaintiff so as to allow for the recovery of uninsured motorist benefits. The judge entered judgment in favor of the insurance company.