United States District Court, S.D. Indiana, Indianapolis Division
ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
(ECF NO. 30)
R. SWEENEY II, JUDGE
Chelsea Grimes brings claims against Defendant State Farm
Mutual Automobile Insurance Company (“State
Farm”) for breach of contract and breach of the duty of
fair dealing and good faith. (Compl., ECF No. 1-1.)
Specifically, Grimes alleges that she should be covered as a
“resident relative” under her parents'
underin-sured motor vehicle policy with State Farm.
(Id. ¶7.) She also alleges State Farm has
breached their duty of good faith by failing to promptly
settle her claim. (Id. ¶10.) State Farm now
moves for summary judgment. (ECF No. 30.) For the following
reasons, State Farm's Motion for Summary Judgment is
all facts and reasonable inferences in the light most
favorable to Grimes, the pertinent, uncontroverted summary
judgment evidence is as follows:
February 28, 2016, Grimes was a passenger in a vehicle owned
and driven by her boyfriend, Jacob Lewis. (Compl. ¶3,
ECF No. 1-1.) The vehicle was struck by another driver, David
Johnson, who was deemed at fault for the accident.
(Id. ¶4.) Grimes was injured as a result of the
collision. (Id. ¶6.)
vehicle was not insured on the date of the accident.
(Id. ¶5.) Lucas' vehicle, however, was
insured by Farm Bureau, which paid Grimes $5, 000 under
medical payments coverage (Grimes Dep. Tr. 54:3-9, ECF No.
32-3) and $100, 000 under its uninsured motor vehicle
coverage. (Def.'s Answer ¶7, ECF No. 11.)
date of the accident, Grimes' parents, Tammy K. Grimes
and Michael Grimes, held an automobile insurance policy
issued by State Farm that covered a 2009 Ford Focus. (State
Farm Policy at 3, ECF No. 32-2.) The policy provided, in
relevant part, uninsured motor vehicle coverage for bodily
injury up to $250, 000. (Id.) The uninsured motor
vehicle policy (the “policy”) defines
2. resident relatives;
3. any other person while
a. your car;
b. a newly acquired car; or
c. a temporary substitute car.
Such vehicle must be used within the scope of
your consent. Such other
person occupying a vehicle used to
carry persons for a charge is not
an insured; and
4. any person entitled to recover
compensatory damages as a result of bodily
injury to an insured as
defined in items 1., 2., or 3. above.
(Id. at 17) (emphasis in original).
“You” is defined as “the named insured or
named insureds shown on the Declarations Page.”
(Id. at 8.) (emphasis in original). The named
insureds on the Declarations Page are Tammy K. and Michael