United States District Court, E.D. Kentucky, Southern Division, London
U.S. SPECIALTY INSURANCE COMPANY, Plaintiff,
THE ESTATE OF QUINTON DOUG WHITAKER, et al., Defendants.
ORDER & OPINION
K. CALDWELL, CHIEF JUDGE UNITED STATES DISTRICT
matter is before the Court on Plaintiff U.S. Specialty
Insurance Company's (“USSIC”) motion to
dismiss Defendants' counterclaims [DE 10] and the
parties' cross-motions for summary judgment. [DE 20; DE
21.] The parties have also stipulated to a set of facts. [DE
19.] For reasons set forth below, USSIC's motion for
summary judgment [DE 21] is GRANTED and the
Defendants' motion for partial summary judgment [DE 20]
is DENIED. Because the Court enters summary
judgment in favor of USSIC it will also
GRANT its motion to dismiss the
Defendants' counterclaims on the same grounds. [DE 10]
parties have stipulated to the following facts.
1 - On
November 12, 2017, Scott Thomas Foster (“Mr.
Foster”) was an owner of a 1965 Piper PA-32-260
airplane, FAA Registration No. N3371W (the
2 - On
November 12, 2017, Mr. Foster piloted the Aircraft and had
three passengers on board: his son, Noah Foster, and two
friends, Quinton Douglas Whitaker (“Mr.
Whitaker”) and Dr. Kyle Patrick Stewart (“Dr.
3 - On
November 12, 2017, the Aircraft crashed when piloted by Mr.
Foster. Mr. Foster and the three passengers, Noah, Mr.
Whitaker, and Dr. Stewart were fatally injured.
4 - At
the time of the crash, U.S. Specialty Insurance Company
(“USSIC”) issued an aircraft insurance policy,
Policy No. AC3006792-01 (the “Policy”). The
Policy insured Scott Thomas Foster and identified the
Aircraft in the Policy.
5 - On
December 14, 2017, the Estate of Mr. Whitaker was opened in
the Pulaski County District Court, Pulaski County, Kentucky,
Case No. 170 P-00569. Sara Whitaker is the Executrix of Mr.
6 - Mr.
Whitaker is survived by his spouse, Sara Whitaker, and three
7 - The
Policy contains the following pertinent provisions:
THREE LIABILITY TO OTHERS
Item 6 of your Coverage Identification Page
to confirm the particular liability ...