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Allstate Ins. Co. v. Weiner

Insurer Denied Judgment on Defense Denial Claim Given Possible Implied-in-Fact Contract

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MEMORANDUM & ORDER Plaintiff Allstate Insurance Company (“Allstate”) filed a Complaint initiating a declaratory judgment action against Eric Weiner and Arthur Weiner (collectively, the “Weiner Defendants” or the “Putative Insureds,” and individually, “Defendant Eric Weiner” and “Defendant Arthur Weiner”) and against Diane Fenner. (Compl. (Dkt. I).) In the Complaint, Plaintiff seeks a declaration that no insurance coverage is available to the Weiners with regard to claims arising from a slip and fall accident which allegedly caused injuries to Fenner and that Allstate is therefore under no obligation to indemnify the Weiners or defend them in a state court action initiated by Fenner. (Id. at 1.) On July 20, 2020, this court DENIED Plaintiffs motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (M&O regarding Mot. For J. on the Pleadings (“2020 M&O”) (Dkt. 25).) Before this court is Plaintiffs Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. (Mot. For S.J. (“Mot.”) (Dkt. 42-3).) For the reasons stated below, the motion is GRANTED in part and DENIED in part. I. BACKGROUND A. Facts On July 18, 2013, Beatrice Weiner, mother of Arthur and Eric Weiner, entered into an insurance policy contract with Allstate for a term of one year, until July 18, 2014. (Pl’s R. 56.1 Stmt. (Dkt. 42-2)

29-31; Weiner Defs.’ R. 56.1 Stmt. (Dkt. 42-21)

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