Opinion
4:19-cv-11427
03-27-2024
DEMETRIUS GLOVER, Plaintiff, v. ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY, Defendant.
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 34)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
For the reasons stated on the record on March 26, 2024, Plaintiff's Motion for Partial Summary Judgment (ECF No. 34) is GRANTED IN PART AND DENIED IN PART as follows:
• The motion is GRANTED to the extent it seeks summary judgment on the following affirmative defenses by Allstate:
o Allstate's Fourth Defense of Concealment of Fraud. (See Affirmative Defenses, ECF No. 3, PageID.23.)
o Allstate's Fifth Defense of Increase in Hazard and Criminal Activity. See Affirmative Defenses, ECF No. 3, PageID.24.)
o Allstate shall be precluded from presenting those defenses at trial.
• The motion is DENIED with respect to Allstate's Second Defense of Non-Fortuitous Loss, also known as arson. (See Affirmative Defenses, ECF No. 19, PageID.21.) Allstate may present that defense to the jury.
IT IS SO ORDERED.