United States District Court, S.D. Indiana, New Albany Division
For BOBBY CURTSINGER, TABITHA CURTSINGER, Plaintiffs: Gregory M. Reger, J. David Agnew, LORCH NAVILLE WARD LLC, New Albany, IN.
For STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant: John B. Drummy, Keenan D. Wilson, Mark D. Gerth, KIGHTLINGER & GRAY, Indianapolis, IN.
ENTRY ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT
RICHARD L. YOUNG, CHIEF UNITED STATES DISTRICT JUDGE.
Plaintiffs, Bobby and Tabitha Curtsinger, brought this action against Defendant, State Farm Mutual Automobile Insurance Company, to recover insurance benefits under a policy issued to Jesse and Debra King. Bobby Curtsinger sustained injuries in an automobile accident while operating a vehicle owned and insured by the Kings. State Farm moves for summary judgment on Count II of Plaintiffs' Complaint. Count II alleges State Farm failed to honor the Policy's Medical Payments Coverage provisions. For reasons set forth below, State Farm's motion is DENIED.
In November 2011, Mr. Curtsinger installed siding for Jesse King, a contractor, at one of Mr. King's residential job sites. After completing the job, Mr. Curtsinger drove King's truck to return unused siding. Another vehicle, deemed at fault, struck the vehicle driven by Mr. Curtsinger, injuring him. The particular facts of the work Mr. Curtsinger performed and of the wreck are undisputed. Under Count II, Plaintiffs seek Medical Payment Coverage from Defendant, the insurer of King's vehicle. ( See generally Filing No. 34-1, Ex. A Curtsinger Dep.; Filing No. 34-2, Ex. B King Dep.; Filing No. 42-1, Ex. A Excerpts Curtsinger Dep.; Filing No. 42-2, Ex. B Excerpts King Dep. (all hereinafter referenced by Filing No.)).
King's policy with State Farm for the vehicle involved excludes Medical Payment Coverage " if any workers' compensation law or any similar law applies to that insured's bodily injury." (Filing No. 1-2, Exhibit A, State Farm Policy Booklet 11 (" the Policy" )). Mr. Curtsinger initially sought workers' compensation benefits from King, but dropped the action pursuant to an agreement. The agreement precluded Mr. Curtsinger from further pursuing workers' compensation recovery but did not release all claims arising from the wreck. (Filing No. 37, Compromise Agreement ¶ 3 (hereinafter " Compromise Agreement" )).
II. Standard of Review
When sitting in diversity jurisdiction, under the Erie Doctrine, federal courts
apply state substantive law but federal procedural law. Gasperini v. Ctr. for Humanities, Inc., 518 U.S. 415, 428, 116 S.Ct. 2211, 135 L.Ed.2d 659 (1996). This court applies the federal standard for summary judgment and Indiana law for the insurance benefits claim.
Summary judgment should be granted when there is no dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). A fact is material if it might affect the outcome of the case and genuine " if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The court views the evidence in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. ...