Opinion
Civil Action 19-1217
01-19-2022
BRENDAN SMITH, individually and on behalf of all others similarly situated v. NATIONWIDE MUTUAL INSURANCE COMPANY
ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT
MICHAEL M. BAYLSON, U.S.D.J.
AND NOW, on this 19th day of January, 2022, for the reasons stated in the foregoing Memorandum and upon careful consideration of Plaintiff's Motion for Partial Summary Judgment (ECF 26) and Defendant's Motion for Summary Judgment (ECF 27), Plaintiff's Response (ECF 30) and Defendant's Response (ECF 31), and Plaintiff's Reply (ECF 32) and Defendant's Reply (ECF 33), it is hereby ORDERED as follows:
1. Defendant's Motion is DENIED;
2. Plaintiff's Motion is GRANTED as to whether the Nationwide policy's household vehicle exclusion violates the Motor Vehicle Financial Responsibility Law;
3. Defendant cannot deny Plaintiff's insurance claim based on the household vehicle exclusion in the Nationwide policy; and
4. Counsel shall file a joint or separate status reports with regard to further proceedings in this Court within fourteen (14) days.