Commercial Union Insurance v. Ballowe

MEMORANDUM OPINION

TURK, Chief Judge.

This is a declaratory judgment action brought by Commercial Union Insurance Company to determine whether an insurance policy issued by it to defendants Norman Ballowe and Sharon Tinnell provides coverage for injuries received by Tinnell.

Jurisdiction exists under 28 U.S.C. § 1332 because there is diversity of citizenship and the amount in controversy is greater than $10,000.

Both the plaintiff and Tinnell have moved for summary judgment. Plaintiff argues that as a matter of law it must prevail because the insurance policy excludes coverage for injuries that…