Krstich v. United Services Automobile Ass'n

ORDER

SAM H. BELL, District Judge.

Currently before the court are cross-motions for summary judgment filed by the plaintiff and defendant pursuant to Rule 56 of the Federal Rules of Civil Procedure. The plaintiff filed this action seeking a declaratory judgment that, while preferably Ohio law governs the issue of whether an umbrella insurance policy includes underinsured motorist coverage, an application of either Ohio or North Carolina’s laws would permit the plaintiff to recover pursuant to the policy. The defendant maintains that North Carolina law applies to the facts of this case and that…