Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cincinnati Insurance Co. v. Uhring

December 20, 2006

CINCINNATI INSURANCE COMPANY, PLAINTIFF,
v.
KYLE UHRING, DUSTIN MUSENBROCK, COUNTRY MUTUAL INSURANCE COMPANY, AND ALAN AND BARBARA NETEMEYER DEFENDANTS.



The opinion of the court was delivered by: Herndon, District Judge

MEMORANDUM and ORDER

I. Introduction and Procedural Background

Now before the Court is Cincinnati Insurance Company's motion for judgment on the pleadings (Doc. 38). Country Mutual Insurance Company ("Country Mutual") opposes the motion (Doc. 40). Based on the pleadings and the applicable law, the Court grants the motion for judgment on the pleadings.

On August 18, 1005, Cincinnati Insurance Company ("Cincinnati') filed a declaratory judgment suit against Kyle Uhring, Dustin Musenbrock, Country Mutual and Alan and Barbara Netemeyer (Doc. 1). Cincinnati seeks a ruling that an insurance policy it issued to Alan and Barbara Netemeyer does not require it to provide coverage to Uhring (the Netemeyer's son) in response to a lawsuit filed by Musenbrock and Country Mutual Insurance Company.*fn1 Defendants Uhring and Barbara and Alan Netemeyer have failed to respond to the complaint. Accordingly, entries of default were entered as to them on January 6, 2006 and January 18, 2006 (Docs. 14 & 22). An entry of default was also entered against Musenbrock and Country Mutual (Doc. 14). Thereafter, Musenbrock and Country Mutual filed motions to vacate the entry of default (Docs. 15 & 17). On February 6, 2006, the Court denied the motion as to Musenbrock and granted it as to Country Mutual (Doc. 30).

II. Facts*fn2

On or about August 13, 2003, Uhring was driving a 1993 Ford Ranger with his friend, Musenbrock, in the passenger seat when Uhring drove the truck off the road and crashed into a utility pole.*fn3 As a result of this accident, Musenbrock suffered severe and permanent injuries. As such, Musenbrock and Country Mutual filed a complaint against Uhring in the Clinton County, Illinois Circuit Court.*fn4 The Ford Ranger that Uhring was driving was insured by a policy issued by Cincinnati.*fn5 At the time of the accident, Uhring was driving without a valid Illinois license.*fn6

The Policy contains the following exclusion:

A. We do not provide Liability Coverage for any "covered person":

9. Using a vehicle without reasonable belief that person is entitled to do so.

The Policy defines "Covered Person" to mean:

1. "You" or any "family member" for ownership, maintenance or use of any auto (including a motorhome, truck or motorcycle) or "trailer."

3. Any person using your "covered auto".

The Policy further defines "Family member" to mean: a person related to "you" by blood, marriage or adoption who is a resident of "your" ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.