State Farm Mutual Insurance v. Shour

MEMORANDUM AND ORDER

BRODERICK, District Judge.

This is a declaratory judgment action instituted by the plaintiff insurance company for a determination that the defendants cannot “stack” uninsured motorist claims. It comes before the Court on cross-motions of plaintiff State Farm Mutual Automobile Insurance Company (“State Farm”) and defendants Ronald and Herbert Shour for summary judgment and on motion of defendants to dismiss the action on the grounds that: the complaint fails to state a claim upon which relief can be granted; the Court lacks jurisdiction because the amount in controversy…