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Inman v. State Farm Fire and Casualty Co.

United States District Court, E.D. Tennessee

March 28, 2017

BOSTON INMAN, Plaintiff,
v.
STATE FARM FIRE AND CASUALTY CO., Defendant. KATHERINE INMAN, Plaintiff,
v.
STATE FARM FIRE AND CASUALTY CO., Defendant.

          MEMORANDUM OPINION AND ORDER

          THOMAS A. VARLAN CHIEF UNITED STATES DISTRICT JUDGE.

         This civil action is before the Court on defendant's Motion for Partial Summary Judgment [Doc. 25]. Plaintiffs did not respond to the motion, and their time in which to do so has expired. See E.D. Tenn. L.R. 7.1. For the reasons discussed herein, the Court will grant defendant's motion.

         I. Background

         Defendant issued a homeowner's insurance policy to plaintiff Boston Inman effective January 5, 2014, through January 5, 2015, covering property located at 865 Cline Road, Tazewell, TN 37879 [Doc. 25-2 p. 12]. Plaintiff Katherine Inman is an additional insured on the policy [Id. at 40].

         The insurance policy includes the following provisions:

DEFINITIONS
“You” and “your” mean the “named insured” shown in the Declarations. Your spouse is included if a resident of your household. “We”, “us” and “our” mean the Company shown in the Declarations. . . .
4. “insured” means you and, if a resident of your household:
a. your relatives; and b. any other person under the age of 21 who is in the care of a person describe above.
. . .
SECTION I - CONDITIONS
12. Intentional Acts. If you or any person insured under this policy causes or procures a loss to property covered under this policy for the purpose of obtaining insurance benefits, then this policy is void and we will not pay you or any other insured for this loss.
. . .
SECTION I AND SECTION II - CONDITIONS

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