Nationwide Mutual Insurance v. Diehl

MEMORANDUM UNDER FED.R.CIV.P. 52(a)

LUDWIG, District Judge.

This declaratory judgment action was tried non-jury. The issue is whether plaintiff Nationwide Mutual Insurance Company owes insurance benefits to the estate of Marlene Gallagher, deceased, under a policy of insurance issued to her daughter, defendant Dawn Diehl. Specifically, Nationwide asserts that decedent did not regularly reside in her daughter’s household at the time of her fatal accident. If not, she was not an “insured,” which would preclude stacking of underinsured motorist benefits under the Motor Vehicle Financial…