United States District Court, W.D. Louisiana, Monroe Division
L. HAYES JUDGE
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
a diversity lawsuit arising out of an automobile accident.
Pending before the Court is a Motion for Partial Summary
Judgment [Doc. No. 20] filed by Defendant The Automobile
Insurance Company of Hartford (“Travelers”).
Travelers seeks a ruling from the Court that the uninsured
motorist (“UM”) coverage under its policy is to
be applied pro rata with that of Defendant Horace Mann
Insurance Company (“Horace Mann”). Horace Mann
filed a memorandum in opposition to the motion. [Doc. No.
24]. Plaintiff Maren Kreid (“Kreid”) filed a
response [Doc. No. 25] with the Court indicating that this
issue should be resolved, but taking no position. Travelers
filed a reply memorandum. [Doc. No. 26]
following reasons, the motion is DENIED.
FACTS AND PROCEDURAL HISTORY
about February 1, 2016, Katie Thompson
(“Thompson”), a domiciliary of Texas and a
student at Louisiana Tech University, was operating a vehicle
in Lincoln Parish, Louisiana, when she rear-ended a 2007
Nissan Altima operated by Makenna Johnson
(“Johnson”), a domiciliary of Texas. Kreid, a
domiciliary of Tennessee, was a passenger in Johnson's
vehicle and suffered injuries.
and Kreid are roommates at Louisiana Tech University, where
they are also students. Kreid does not have her own vehicle,
so she often rides with Johnson. She has traveled with
Johnson to Johnson's home in Flower Mound, Texas, on four
or five occasions.
filed a Petition in the Third Judicial District Court,
Lincoln Parish, Louisiana, naming Thompson and her insurance
company, State Farm Mutual Insurance Company, as Defendants.
Kreid's claims against these Defendants were settled.
amended her Petition to include two UM claims against
Travelers and Horace Mann. Travelers issued an automobile
liability policy Number 41-81462430 to Brian Johnson.
was included as an insured driver under this policy. The
Travelers policy issued in Texas to a Texas insured. The
policy had UM coverage limits of $50, 003/$100, 003. The
Travelers policy also has an “other insurance”
clause that provides:
A. If there is other applicable similar insurance we will pay
only our share of the loss. Our share is the proportion that
our limit of liability bears to the total of all applicable
limits. However, any insurance we provide with respect to a
vehicle you do not own shall be excess over any collectible
[Doc. No. 20, Exh. 1, Travelers policy].
Mann issued an automobile liability policy number 41-81462430
to Charles Kreid. Kreid was included as an insured under this
policy. The policy had UM coverage limits of $250, 000/$500,
000. The ...