Nationwide Mutual Insurance v. Erbe

By Judge J. Michael Gamble

I am writing this letter to rule on the motion for declaratory judgment in the above case. In this regard, I rule that Nationwide Mutual Insurance Company does not owe coverage or have a duty to defend Sherman Calloway, Administrator of the Estate of Roger L. Matthews, Jr. My reasons for this ruling are set forth below.

On January 8, 1998, Erica Lynn Erbe was injured in an automobile collision while riding as a passenger in a 1988 Ford Ranger operated by Roger L. Matthews, Jr. (Roger, Jr.). Roger L. Matthews, Jr., was killed in this same collision. Frances L. Erbe, as…