Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. Specialty Insurance Co. v. Estate of Whitaker

United States District Court, E.D. Kentucky, Southern Division, London

April 8, 2019

U.S. SPECIALTY INSURANCE COMPANY, Plaintiff,
v.
THE ESTATE OF QUINTON DOUG WHITAKER, et al., Defendants.

          ORDER & OPINION

          KAREN K. CALDWELL, CHIEF JUDGE UNITED STATES DISTRICT

         This 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]

         BACKGROUND

         The 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 “Aircraft”).

         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. Stewart”).

         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. Whitaker's estate.

         6 - Mr. Whitaker is survived by his spouse, Sara Whitaker, and three minor children.

         7 - The Policy contains the following pertinent provisions:

         PART THREE LIABILITY TO OTHERS

         Review Item 6 of your Coverage Identification Page to confirm the particular liability ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.