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Kreid v. State Farm Mutual Insurance Co.

United States District Court, W.D. Louisiana, Monroe Division

December 21, 2018

MAREN KREID
v.
STATE FARM MUTUAL INSURANCE COMPANY, ET AL.

          KAREN L. HAYES JUDGE

          RULING

          TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE.

         This is 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]

         For the following reasons, the motion is DENIED.

         I. FACTS AND PROCEDURAL HISTORY

         On or 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.

         Johnson 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.

         Kreid 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.

         Kreid 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.

         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 insurance.

[Doc. No. 20, Exh. 1, Travelers policy].

         Horace 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 ...


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