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Nationwide Mutual Fire Insurance Co. v. Cade

United States District Court, D. South Carolina, Charleston Division

August 15, 2017

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff,
v.
JIMMY CADE and JAMES E. SIMS, personally and as personal representative for the decedent, NANCY C. SIMS, Defendants.

          ORDER

          DAVID C. NORTON, UNITED STATES DISTRICT JUDGE.

         This matter comes before the court on plaintiff Nationwide Mutual Fire Insurance Company's (“Nationwide”) motion for summary judgment. ECF No. 14. For the reasons set forth below, the court grants Nationwide's motion for summary judgment.

         I. BACKGROUND

         This is a declaratory judgment action. Nationwide issued a policy of liability insurance, Policy No. 6139K 682210 (“the Policy”) to Jimmy Cade (“Cade”) for the following vehicles: a 1999 Lincoln Town Car, a 2004 Chevrolet Tahoe, and a 2015 Chevrolet Silverado. The Policy was in effect from April 15, 2016 through October 15, 2016 and provided liability coverage of up to $100, 000 per person and $300, 000 per accident for bodily injury. The Policy also contained a coverage extensions clause, which extended liability coverage to:

         1. A motor vehicle you do not own, while it is used as a temporary substitute for your auto. Your auto must be out of use because of:

a. breakdown;
b. servicing; or
c. loss.

         3. A motor vehicle owned by a non-member of your household and not covered in item 1 of this section

a. This applies while the vehicle is being used by you or a relative. It protects the user, and any person or organization, except as noted below in b), who does not own the vehicle but is legally responsible for its use.
b. This does not apply to losses involving a motor vehicle:
(1) used in any business or any occupation of you or a relative except a private passenger auto (this does not include a motorcycle) used by you, your chauffeur, or your household employee;
(2) owned, rented, or leased by an employer of an insured;
(3) rented or leased by anyone for or on behalf of an employer of ...

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