Fisher v. USAA Casualty Insurance

MEMORANDUM AND ORDER

HUYETT, District Judge.

This declaratory judgment action raises many issues concerning the rights of the parties under an insurance policy issued to Julie Lynn Fisher before her death in an automobile accident. The defendant and plaintiff have each filed motions for summary judgment. For the reasons stated below, I grant defendant’s motion for summary judgment and deny plaintiff’s motion for summary judgment.

I

None of the facts concerning the underlying accident are in dispute. On the morning of October 13, 1986 Julie Lynn Fisher was driving her car on U.S. Route 22 in…