Nationwide Mut. Ins. Co. v. Shumate, No. Civ.A.2:98-1206.
| Court | United States District Courts. 4th Circuit. Southern District of West Virginia |
| Writing for the Court | Haden |
| Citation | 63 F.Supp.2d 745 |
| Parties | NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. Todd Wilson SHUMATE, Defendant. |
| Decision Date | 09 September 1999 |
| Docket Number | No. Civ.A.2:98-1206. |
v.
Todd Wilson SHUMATE, Defendant.
Page 746
Maria Marino Potter, McQueen, Harmon & Potter, L.C., Charleston, WV, for plaintiff.
Sprague W. Hazard, Charleston, WV, for defendant.
HADEN, Chief Judge.
Pending are the parties' cross motions for summary judgment. The Court GRANTS the Plaintiff's motion and DENIES the Defendant's motion.
On January 27, 1999 Defendant Todd Shumate was driving a 1990 Nissan truck in Morgantown, West Virginia. Shumate's vehicle was struck by a 1985 Pontiac Firebird driven by Leroy D. Overton. After the collision, an altercation ensued, and Overton physically assaulted Shumate. Shumate suffered injuries from the physical assault, but suffered no injuries as a result of the collision.
Shumate was insured under a policy issued by Plaintiff Nationwide Mutual Insurance Company ("Nationwide") to Shumate's father. The policy provided uninsured motorist bodily injury coverage of $500,000 and contained the following provision:
We will pay compensatory damages, including derivative claims, which are due by law to you or a relative from the owner or driver of an uninsured motor vehicle because of bodily injury and/or property damage suffered by you or a relative. Damage must result from an accident arising out of the:
1. ownership;
2. maintenance; or
3. use;
of the uninsured motor vehicle.
(Stipulations of Fact at 5, ¶ 17.) Overton's Firebird was not insured. A claim was submitted to Nationwide on Shumate's behalf for the injuries suffered on January 27, 1996. Nationwide then filed this action seeking a declaratory judgment that it did not contract to cover Shumate's injuries. Conversely, Shumate asserts that his injuries are causally connected to the use of an uninsured motor vehicle, and he thus is entitled to recover.
"At bottom, the district court must determine whether the party opposing the motion for summary judgment has presented genuinely disputed facts which remain to be tried. If not, the district court may resolve the legal questions between the parties as a matter of law and enter judgment accordingly." Thompson Everett, Inc. v. National Cable Advertising, L.P., 57 F.3d 1317, 1323 (4th Cir.1995). The parties have stipulated to all material facts. Therefore, this...
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Keefer v. Ferrell, 33310.
...for.[']" See Baber v. Fortner [by Poe], 186 W.Va. 413, 417[, 412 S.E.2d 814, 818] (1991); Nationwide Mutual Insurance Co. v. Shumate, 63 F.Supp.2d 745[ (S.D.W.Va.1999)]. Essentially, the injury must be foreseeably identifiable with the normal use of the vehicle. The evidence before the Cour......
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State Farm Mut. Auto. Ins. v. Buckingham, 350, 2006.
...was not reasonably foreseeable by parties to the insurance contract as within the normal use of the vehicle.); Nationwide v. Shumate, 63 F.Supp.2d 745, 747 (S.D.W.Va.1999) (Injuries resulting from an intentional physical assault by an angry uninsured motorist did not arise out of the operat......
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Erie Ins. Prop. & Cas. Co. v. Jones, CIVIL ACTION NO. 2:10-cv-00479
...facts and all that remains is a legal dispute, the case is ripe for summary disposition. See Nationwide Mut. Ins. Co. v. Shumate, 63 F. Supp. 2d 745, 746 (S.D. W. Va. 1999).III. Discussion The court begins its analysis of an insurance coverage dispute with the terms of the insurance policy,......
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Keefer v. Ferrell, 33310.
...for.[']" See Baber v. Fortner [by Poe], 186 W.Va. 413, 417[, 412 S.E.2d 814, 818] (1991); Nationwide Mutual Insurance Co. v. Shumate, 63 F.Supp.2d 745[ (S.D.W.Va.1999)]. Essentially, the injury must be foreseeably identifiable with the normal use of the vehicle. The evidence before the Cour......
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State Farm Mut. Auto. Ins. v. Buckingham, 350, 2006.
...was not reasonably foreseeable by parties to the insurance contract as within the normal use of the vehicle.); Nationwide v. Shumate, 63 F.Supp.2d 745, 747 (S.D.W.Va.1999) (Injuries resulting from an intentional physical assault by an angry uninsured motorist did not arise out of the operat......
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Erie Ins. Prop. & Cas. Co. v. Jones, CIVIL ACTION NO. 2:10-cv-00479
...facts and all that remains is a legal dispute, the case is ripe for summary disposition. See Nationwide Mut. Ins. Co. v. Shumate, 63 F. Supp. 2d 745, 746 (S.D. W. Va. 1999).III. Discussion The court begins its analysis of an insurance coverage dispute with the terms of the insurance policy,......