Allstate Insurance v. Fitzgerald

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

HORTON, Chief Judge.

This lawsuit by Allstate Insurance Company seeks summary judgment on its declaratory judgment lawsuit determining whether Allstate had a duty to indemnify or defend an insured against claims arising out of an accident which resulted in serious injury to a two year old child. Based upon a comprehensive review of the entire record and the law, the Court grants plaintiff’s motion for summary judgment.

Allstate issued its insurance policy, Number 49 522 271, to Earline B. Fitzgerald, d/b/a Nails by Fitzgerald, a shop…