St. Paul Fire & Marine Insurance v. Dean

OPINION

JOHN E. MILLER, Senior District Judge

(sitting by designation).

This is a declaratory judgment action filed pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, by St. Paul Fire & Marine Insurance Company seeking a declaration that an automobile liability policy issued by St. Paul to defendant David B. Dean provides no coverage to defendant Mark C. Simmons. Plaintiff has filed a motion for summary judgment on its complaint, and Mark and Diane Dean Simmons have moved for summary judgment on their counter*1380claim, and the latter motion has been adopted by David B. Dean.

Plaintiff…