Vernatter v. Allstate Insurance

THOMSEN, Chief Judge.

Plaintiff, having obtained a judgment against Jacob Parks, and having been paid the full limit of a policy issued to Sanford Osborne, the owner of the automobile which Parks was driving, now seeks to recover under a policy issued to Parks’ wife covering her automobile, which extended certain coverage to Parks. Each side has filed a motion for summary judgment, based upon the pleadings as amplified by a copy of the policy in suit and the pretrial order.

The facts are simple and undisputed. Parks, his wife Helen, and Sanford Osborne, his wife’s uncle, were all members of the…