Kennedy v. State Farm Fire & Casualty Co.

ORDER

ALAIMO, District Judge.

William Kennedy (hereinafter “plaintiff” or “the insured”) brings the instant action seeking a declaratory judgment that the defendant insurance company has a duty to defend and, if necessary, indemnify him in a pending tort action brought against plaintiff by one Earl Metcalf. The case is currently before the Court on the defendant’s motion for summary judgment. For reasons expressed below, this motion must be granted.

FACTS

Plaintiff holds a “Homeowners Extra” policy with the defendant, State Farm Fire and Casualty Company. This policy provides that State Farm will…