Nationwide Mutual Insurance Company v. Anne Marie Budd-Baldwin

OPINION OF THE COURT

McCLURE, District Judge.

Appellant Nationwide Mutual Insurance Company (Nationwide) appeals from the district court’s order granting summary judgment in favor of appellee Anne Marie Budd-Baldwin 1 (Baldwin) and awarding her first party and underinsured motorist benefits for the death of her brother, David Michael Budd (Budd), under an automobile insurance policy Nationwide issued to Baldwin. We reverse, and direct that summary judgment be entered in favor of Nationwide.

I. BACKGROUND

Budd died from injuries sustained in a one-vehicle accident that occurred on December 16,…