Couch v. Farmers Insurance Group

OPINION

JOHN E. MILLER, Senior District Judge.

There is before the court identical cross motions of the parties for summary judgment pursuant to Rule 56, Fed.R.Civ.P. on the ground that there is no genuine issue of material fact and that the movants are entitled to a judgment as a matter of law. In support of the motions all the movants rely upon the entire record and the depositions of Don Bacus taken February 5, 1973, and John W. Couch and Rita Couch taken February 21, 1973.

On July 12, 1971, a suit was commenced in the state court against Rita Couch growing out of the accident and seeking a…