United States District Court, C.D. Illinois, Springfield Division
Myerscough, U.S. District Judge.
cause is before the Court on the supplemental briefing the
Court requested from Plaintiff Grinnell Mutual Reinsurance
Company and Indispensable Defendant Linda Stodden pursuant to
Federal Rule of Civil Procedure 56(f). Having reviewed the
parties' briefing, the Court finds that Plaintiff
Grinnell Mutual Reinsurance Company has a duty to defend
Defendant Wade Harker.
facts of this case are more fully set forth in the
Court's Opinion (d/e 29) entered July 17, 2019.
2019, Grinnell filed a Motion for Summary Judgment (d/e 24)
seeking a determination that Wade Harker is not an insured
under an insurance policy issued to William Harker and Janet
Harker by Grinnell. The policy provided liability coverage to
William and Janet Harker for their residence at Rural Route
1, Box 107A, Sigel, Illinois (the Property). Grinnell also
seeks a determination that Grinnell has no duty to defend or
indemnify Wade Harker in the underlying lawsuit filed by
Stodden against Wade Harker and his father William Harker in
the Shelby County, Illinois, Circuit Court, No. 2007-LM-40
(the Underlying Litigation).
Underlying Litigation, Stodden alleges that, on October 6,
2006, she was attacked and severely injured by a dog owned by
William Harker and/or Wade Harker while she was in her own
yard in violation of the Illinois Animal Control Act, 510
ILCS 5/16. Wade Harker resided at the Property at the time of
the alleged dog bite and neither William Harker nor Janet
Harker resided there at that time.
17, 2019, this Court entered an Opinion (d/e 29) denying
summary judgment and requesting further briefing from the
parties on whether Wade Harker was an “insured”
under Section B.5(c) of the insurance policy. Opinion at 15
(citing Fed.R.Civ.P. 56(f)).
insurance policy provides that the terms “you”
and “your” in the policy refer to the
“‘named insured' shown in the Declarations
and the spouse if a resident of the same household.”
Definitions A (d/e 25-1, p. 8 of 47). The individuals shown
in the Declarations are William Harker and Janet Harker.
policy defines “Insured” as follows:
B. * * *
5. “Insured” means:
a. You and any person living with you who is:
(1) Related to you by blood, marriage, or ...