State Automobile Mutual Insurance v. Nichols

ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on a motion for summary judgment of Plaintiff State Automobile Mutual Insurance Company (SAMI). For the reasons set forth below, the motion shall be GRANTED in part and DENIED in part.

I. Factual Background

SAMI filed this declaratory judgment action in response to a claim for benefits made by Donald and Jo Ann Nichols (the Nichols 1 ), parents of Donna Jean Nichols (Ms. Nichols), under Ms. Nichols’s automobile insurance policy, following her death in her automobile.

The following tragic facts are undisputed. Ms. Nichols’s body…