United States District Court, C.D. Illinois, Springfield Division
MYERSCOUGH, U.S. DISTRICT JUDGE.
cause is before the Court on the Motion for Summary Judgment
(d/e 24) filed by Plaintiff Grinnell Mutual Reinsurance
Company. Because further briefing is necessary, the Motion is
August 2018, Grinnell filed a Complaint for Declaratory
Judgment against Wade Harker and Linda Stodden. The Complaint
alleges that Stodden is the plaintiff in an underlying
litigation brought against Wade Harker and William Harker in
the Circuit Court of the Fourth Judicial Circuit, Shelby
County, Illinois, No. 2007-LM-40 (the Underlying Litigation).
Third Amended Complaint alleges that, on or about October 6,
2006, while in her yard at Rural Route 1, Box 108A, Sigel,
Illinois, Stodden was attacked by a dog owned by William
Harker and/or Wade Harker. Stodden seeks damages from Wade
Harker and/or William Harker for injuries allegedly sustained
as a result of the dog bite.
instant litigation, Grinnell seeks a determination whether an
insurance policy issued by Grinnell to William Harker and
Janet Harker provides coverage for their adult son, Wade
Harker. Grinnell seeks a declaratory judgment that Grinnell
has no duty to defend or indemnify Wade Harker in the
Harker did not respond to the Complaint. In November 2018,
United States Magistrate Judge Tom Schanzle-Haskins issued an
Order of Default of Defendant Wade Harker. On January 31,
2019, this Court denied Grinnell's Motion for Default
Judgment against Wade Harker because such judgment might
result in inconsistent or contradictory judgments. The Court
granted Grinnell leave to refile the motion when the claims
involving Stodden have been resolved. Order (d/e 19).
24, 2019, Grinnell filed a Motion for Summary Judgment (d/e
25). The Court deems Paragraphs 8, 9, 11, and 13 of the
Grinnell's Undisputed Material Facts admitted because,
while Stodden disputes those facts, Stodden failed to support
each allegedly disputed fact by evidentiary documentation.
See CDIL-LR 7.1(D)(2)(b)(2). In addition, the Court
will consider Stodden's additional material facts.
Grinnell admitted that the additional facts are undisputed
but also argued that the facts are immaterial.
following facts are taken from Grinnell's Undisputed
Material Facts, Stodden's additional facts, and the
insurance policy in question.
2005, Grinnell issued an insurance policy to William Harker
and Janet Harker. The policy provided liability coverage to
William Harker and Janet Harker effective April 28, 2005 to
April 2, 2008. Stodden asserts, and Grinnell does not
dispute-except to state the fact is immaterial-that William
Harker and Janet Harker purchased an insurance policy that
provided liability coverage to them for their residence at
Rural Route 1, Box 107A, Sigel, Illinois (the Property)
occupied by insured William Harker and Janet Harker.
declarations page of the policy provides that the policy
period is April 28, 2005 to April 28, 2008 “12:01 AM
S.T. at the address of the Named Insured.” The
“Named Insured” is listed as William and Janet
Harker, P.O. Box 192, Sigel, IL 62462. Defendant Wade Harker
was not a named policy holder under the policy of insurance
provided to William Harker and/or Janet Harker by Grinnell.
policy provides Property Coverages and Personal Liability
Coverages. Section II, Personal Liability Coverages provides,
in relevant part, as follows:
Subject to the liability limits and the terms of this policy,
we will pay damages for which an “insured”
becomes legally liable as a result of “bodily
injury” or “property damage” caused by an
“occurrence” to which this coverage applies.
If suit is filed against an “insured” for
liability covered under this policy, we will provide a
defense using lawyers we choose. We may investigate and
settle any claim or suit as we deem appropriate.
Provisions-Illinois HG 660245 1-05 (d/e 25-1, p. 37 of 47),
Special Provisions-Illinois HG 660245 1-06 (d/e 25-1, p. 44
policy states that the terms “you” and
“your” in the policy refer to the
“‘named insured' shown in the Declarations
and the spouse of a resident of the same household.”
Definitions A ...