Evans v. State Farm Mutual Automobile Insurance Co.

MEMORANDUM AND ORDER GRANTING ATTIC’S MOTION FOR SUMMARY JUDGMENT (Doc. 58), GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. 57), and DENYING IN PART WITH PREJUDICE AND DENYING IN PART WITHOUT PREJUDICE STATE FARM’S MOTION TO DISMISS (Doc. 56)

AVERN COHN, UNITED STATES DISTRICT JUDGE

This is an insurance case. The case has two parts. The first deals with an insurer priority dispute. The second deals with proofs of benefits owed.

I. PART ONE: Which Insurer Is Responsible

A. INTRODUCTION

1. The Case

Plaintiff John Evans is a truck driver and…