Throesch v. United States Fidelity & Guaranty Co.

ORDER

WILSON, District Judge.

Pending before the Court is Defendant’s Motion for Summary Judgment (Doc. No. 26), and Plaintiffs Response (Doc. No. 35). Telephone conferences regarding the issues discussed below were held on January 5, 2000, and January 10, 2000. The Motion is GRANTED in part and DENIED in part.

I. Background

On August 26, 1997, plaintiff was traveling on U.S. Highway 67 when another vehicle allegedly crossed the center line into her lane. In order to miss the other vehicle, plaintiff drove off the shoulder of the road and lost control of her vehicle, which overturned and rolled,…