Duncan v. Omni Insurance Co.

MEMORANDUM

Bartle, District Judge

Before the court are the cross-motions for summary judgment of plaintiff Richard Duncan (“Duncan”) and defendant Omni Insurance Company (“Omni”) under Rule 56 of the Federal Rules of Civil Procedure with respect to an exclusion in an Omni automobile insurance policy.

I

The parties have stipulated to all the relevant material facts. Duncan was injured in an automobile collision on October *6538, 2012, while he was a passenger on board a SEPTA Route 47 bus. The bus was struck by a motor vehicle at or near the intersection of 8th and Dickinson Streets in Philadelphia.…