Motors Ins. Corp. v. Bodie

MEMORANDUM AND ORDER

SHUBB, District Judge.

I. PROCEDURAL AND FACTUAL BACKGROUND

Plaintiff Motors Insurance Corporation (“Motors”) filed the underlying action seeking a declaration of its rights and obligations to defendants Patrick Michael Bodie and Teresa Bodie under an automobile liability insurance policy for an automobile accident which occurred on September 10, 1988 in Calaveras County California. The parties have filed counter-motions for summary judgment which are now before the court. Jurisdiction is predicated on 28 U.S.C. § 1332.

The material facts are undisputed. On or about February…