Cicciarella v. Amica Mutual Insurance

WIENER, Circuit Judge:

Plaintiff-Appellant Lillian Cicciarella and others brought this suit in federal district court at Houston, Texas, against Defendant Appellee Arnica Mutual Insurance Company (Arnica), alleging, inter alia, breach of contract for Arnica’s refusal to pay uninsured/un-derinsured motorist benefits. Arnica moved for partial summary judgment, arguing that, as a matter of law, Cicciarella was not a “covered person” under the policy in question. The district court concluded that no genuine issues of material fact existed and that, as a matter of law, Cicciarella was not a…