Nationwide Mutual Fire Insurance v. Salkin

MEMORANDUM AND ORDER

SCHILLER, District Judge.

In this action for a declaratory judgment, plaintiff Nationwide Mutual Fire Insurance Company (“Nationwide”) seeks a ruling from this Court that defendant Lee Saltón (“Saltón”) is not entitled to underin-sured motorist benefits under a policy issued by Nationwide to Herbert Saltón Realty, Inc. Presently before the Court are the parties’ cross-motions for summary judgment. For the reasons that follow, plaintiffs motion for summary judgment is granted and defendant’s motion for summary judgment is denied.

I. FACTS 1

On December 11, 1996, defendant Lee…