Holmes v. Howard

MEMORANDUM ORDER

MARTEN, District Judge.

Margaret Holmes sued Carolyn Howard after the two were involved in an automobile accident. Holmes moves for summary judgment on liability, contending that Howard’s insurance company waived the comparative fault defense. Howard argues that under the facts of this case, her insurance company’s conduct cannot operate as a waiver of the comparative fault defense.

The court finds a hearing on this motion is unnecessary. Holmes’s motion for partial summary judgment is denied for the reasons that follow.

I. Summary Judgment Standard.

Summary judgment is…