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Case Number: 3:21-cv-03962
Judge: Terry A. Doughty
Court: United States District Court for the Western District of Louisiana (Ouachita Parish)
Defendant's Attorney: Donald Goodwin Cassels, III and Henry Jake Rodriguez for Dilshod Y Abdurasulov
Matthew W Pryor State Farm Mutual Automobile Insurance Co.
Description: Monroe, Louisiana personal injury car wreck lawyer represented Plaintiff, who sued Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries in a motor vehicle accident.
This case was originally filed in the 6th JDC, Madison Parish, 21-00160, and was removed to federal court by the Defendants.
The case involves a multi-vehicle automobile accident which occurred on Interstate 20 in Madison Parish, Louisiana on October 16, 2020.
Plaintiff Felix Smith Borges (“Borges”) filed suit against several defendants, including State Farm. Borges alleges that at the time of the accident, State Farm issued an automobile liability insurance policy, which included underinsured motorist coverage, med pay coverage, or personal injury protection coverage.
State Farm admited it issued two policies to Borges, covering a 2017 Toyota Rav4 and a 2002 GMC Savana at Borges' residence in Tampa, Florida. However, State Farm has provided evidence that neither policy provides coverage for underinsured motorist coverage, medical payments, or personal injury protection coverage.
Underinsured motorist coverage was rejected on both policies by Borges. The policies did not provide med pay coverage, and the policies excluded coverage for personal insurance protection coverage. Borges owned the 2008 International Tractor he was driving at the time of the accident. The policies excluded coverage because Borges sustained bodily injury while occupying a motor vehicle owned by the named insured and not insured under the State Farm policies Borges had.
There is no opposing evidence to dispute State Farm's claim. Neither State Farm policy provides coverage for underinsured motorist protection, med pay, or personal injury protection coverage.
This Court also believes Florida law applies to this issue. Louisiana is the site of the accident but has no other contracts with the parties in this suit. The State Farm policies were written and issued in Florida to cover the vehicle located in Florida owned by residents of Florida. As to this particular issue, Florida insurance law applies.
The two State Farm policies do not provide coverage to Borges and State Farm's Motion for Summary Judgment is warranted.
Outcome: For the reasons set forth herein, State Farm's Motion for Summary Judgment was GRANTED.