Ashworth v. Sphere Drake Insurance, PLC

RULING

LITTLE, District Judge.

This action concerns a $75,000 insurance policy issued by defendant Sphere Drake to John Milton Johnson covering an apartment complex located in Elizabeth, Louisiana. On 3 June 1989 a fire completely destroyed the building. On 5 October 1989 defendant filed a declaratory judgment action seeking to void the policy covering the complex; this suit has been consolidated with a proceeding instituted by plaintiff Sherman Ashworth against defendant which attempts to recover the policy proceeds.

Defendant is now asking the court for summary judgment. Initially, defendant…