Heaton v. Crum & Forster Insurance

920 F. Supp. 160, 1996 U.S. Dist. LEXIS 3662, 1996 WL 138022
CourtDistrict Court, D. Kansas
DecidedMarch 19, 1996
DocketCiv. A. No. 95-2018-EEO
StatusPublished
Cited by1 cases

This text of 920 F. Supp. 160 (Heaton v. Crum & Forster Insurance) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heaton v. Crum & Forster Insurance, 920 F. Supp. 160, 1996 U.S. Dist. LEXIS 3662, 1996 WL 138022 (D. Kan. 1996).

Opinion

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Senior District Judge.

This matter is before the court on defendant United States Fire Insurance Co.’s Motion for Partial Summary Judgment (Doc. # 35) on issues alleged in paragraphs 5,11A 11B, 11C, 11D, and 11E of plaintiffs Amended Complaint (Doe. # 15). For the reasons stated below, defendant’s motion for partial' summary judgment on those issues is granted.

A Background

Plaintiff, Harold L. Heaton, alleges breach of a business auto insurance policy issued to him by defendants, Crum and Forster Insurance Co. and United States Fire Insurance Co. Plaintiff alleges that defendants breached that policy by denying two types of claims. First, defendants denied plaintiffs claims for comprehensive coverage in connection with an alleged theft of plaintiffs horse trailer and his 1986 Ford truck. Second, defendants denied plaintiffs claims for bodily injuries to himself, to his son, Buddie L. Heaton, and to his grandson, Casey Lee Heaton. Plaintiff alleges that these bodily injuries arose out of five separate automobile accidents.

The material uncontroverted facts established by the parties in accordance with District of Kansas Rule 56.1 are as follows. Exhibit 1 of defendant’s Memorandum in Support of Motion for Partial Summary Judgment is a certified copy of insurance policy number 125-028589-5, issued by United States Fire Insurance Co., fully setting forth the terms and conditions of the policy. Plaintiff was under no legal obligation to provide for any type of support for his grandson, Casey Heaton, or his son, Buddy Heaton. The plaintiff has identified no medical experts and has no evidence that the alleged accidents caused “bodily injury” to an eligible injured person from the use of a covered motor vehicle. The horse trailer at issue is not a “specifically described auto” for which coverage would apply under the policy.

B. Discussion

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); accord Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986); Vitkus v. Beatrice Co., 11 F.3d 1535, 1538-39 (10th Cir.1993). A factual dispute is “material” only if it “might affect the outcome of the suit under the governing law.” Anderson, 477 U.S. at 248, 106 S.Ct. at 2510.

The moving party bears the initial burden of showing that there is an absence of any genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Hicks v. Watonga, 942 F.2d 737, 743 (10th Cir.1991). Essentially, the inquiry as to whether an issue is genuine is “whether the evidence presents a sufficient disagreement to require submission to the jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson, 477 U.S. at 251-52, 106 S.Ct. at 2511-12. An issue of fact is [162]*162genuine if the evidence is sufficient for a reasonable jury to return a verdict for the nonmoving party. Id. at 248, 106 S.Ct. at 2510. This inquiry necessarily implicates the substantive evidentiary standard of proof that would apply at' trial. Id. at 252, 106 S.Ct. at 2512.

Once the moving party meets its burden, the burden shifts to the nonmoving party to demonstrate that genuine issues remain for trial “as to those dispositive matters for which it carries the burden of proof.” Applied Genetics Int’l, Inc. v. First Affiliated Sec., Inc., 912 F.2d 1238, 1241 (10th Cir.1990); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986); Bacchus Indus., Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir.1991). The nonmoving party may not rest on its pleadings but must set forth specific facts. Applied Genetics, 912 F.2d at 1241.

“[W]e must view the record in the light most favorable to the parties opposing the motion for summary judgment.” Deepwater Invs., Ltd. v. Jackson Hole Ski Corp., 938 F.2d 1105, 1110 (10th Cir.1991). “In a response to a motion for summary judgment, a party cannot rely on ignorance of facts, on speculation, or on suspicion, and may not escape summary judgment in the mere hope that something will turn up at trial.” Conaway v. Smith, 853 F.2d 789, 793 (10th Cir.1988). The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. Anderson, 477 U.S. at 256, 106 S.Ct. at 2514. Where the nonmoving party fails to properly respond to the motion for summary judgment, the facts as set forth by the moving party are deemed admitted for purposes of the summary judgment motion. D.Kan.Rule 56.1.

1. Plaintiff’s Claim for Theft Coverage on the Horse Trailer

Plaintiff sets forth two arguments that the policy affords coverage and benefits for the alleged theft of the horse trailer: (1) that the horse trailer is a covered auto under the terms of the policy, and (2) that the horse trailer is “equipment,” as that word is used in the policy.

When there is no ambiguity, an insurance policy must be enforced as written. See Bramlett v. State Farm Mut. Auto. Ins. Co., 205 Kan. 128, 130, 468 P.2d 157 (1970). It is uncontroverted that the horse trailer is not specifically listed as a covered auto for the peril of theft, leaving no ambiguity as to its coverage.

The term “auto” is defined under Section I of the policy as “a land motor vehicle, trailer, or semitrailer designed for travel on public roads but does not include mobile equipment.” Part II of the policy describes which “autos” are “covered autos.” That section, in pertinent part, makes reference to the policy declarations:

A. ITEM TWO of the declarations shows the autos that are covered autos for each of your coverages. The numerical symbols explained in ITEM THREE of the declarations describe which autos are covered autos. The symbols entered next to a coverage designate the only autos that are covered autos.

Item Two of the policy declarations provides a schedule of coverages, in which the number 7 appears in the space next to “comprehensive coverage.” Item Three provides that the number 7 indicates that a “covered” auto means only “specifically described” autos in Item Four.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Time Warner Entertainment Co. v. Atriums Partners, L.P.
232 F. Supp. 2d 1257 (D. Kansas, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
920 F. Supp. 160, 1996 U.S. Dist. LEXIS 3662, 1996 WL 138022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heaton-v-crum-forster-insurance-ksd-1996.