United States District Court, D. South Carolina, Florence Division
Kenneth R. Houghtling, Plaintiff,
Allstate Insurance Company, Defendant.
C. COGGINS, JR. UNITED STATES DISTRICT JUDGE.
matter is before the Court on Plaintiff's and
Defendant's cross-motions for summary judgment. ECF Nos.
13, 15. Both motions have been fully briefed. ECF Nos. 16,
brings this action seeking a declaration that he is entitled
to stack underinsured motorist (“UIM”) coverage
under a policy with Defendant on three at-home vehicles. ECF
No. 15 at 1. The parties have stipulated to the following
1. On November 27, 2017, Plaintiff was struck by a vehicle
driven by Vicatria Thomas a.k.a. Victoria Thomas . . . in
Florence County, South Carolina.
2. Plaintiff is a named insured under Policy No. 930493351
(hereinafter “Policy”) issued by [Defendant]
which provided bodily injury underinsured motorist coverage
in the amount of $100, 000 for three vehicles listed as
insured autos under the terms of the policy: a 2003 Chevy
Silverado, 2016 Jeep Patriot and 2014 Honda Civic . . . .
3. At the time of the accident, Plaintiff was a pedestrian
and none of the vehicles listed on the Policy were involved
in the accident.
4. Plaintiff has filed suit against Thomas, but has not been
awarded a judgment against Thomas that is binding upon
[Defendant], the UIM carrier.
5. Plaintiff received the $25, 000 bodily injury liability
limits from Vicatria Thomas's automobile liability
carrier in exchange for a covenant not to execute.
6. [Defendant] has paid $100, 000, an amount equal to the UIM
limits on one of the vehicles listed on the Policy, in
exchange for a release of Plaintiff's claim for UIM
coverage on one vehicle. The release specifically reserved
Plaintiff's right to pursue UIM claims for the other two
automobiles insured under [the Policy] . . . .
ECF No. 11 at 1.
states, as to a party who has moved for summary judgment,
“[t]he court shall grant summary judgment if the movant
shows that there is no genuine dispute as to any material
fact and the movant is entitled to judgment as a matter of
law.” Fed.R.Civ.P. 56(a). A fact is
“material” if proof of its existence or
non-existence would affect disposition of the case under
applicable law. Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 248 (1986). An issue of material fact is
“genuine” if the evidence offered is such that a
reasonable jury might return a verdict for the non-movant.
Id. at 257. When determining whether a genuine issue
has been raised, the court must construe all inferences and
ambiguities against the movant and in favor of the non-moving
party. United States v. Diebold, Inc., 369 U.S. 654,
party seeking summary judgment shoulders the initial burden
of demonstrating to the court that there is no genuine issue
of material fact. Celotex Corp. v. Catrett, 477 U.S.
317, 323 (1986). Once the movant has made this threshold
demonstration, the non-moving party, to survive the motion
for summary judgment, may not rest on the allegations averred
in his pleadings. Id. at 324. Rather, the non-moving
party must demonstrate specific, material facts exist that
give rise to a genuine issue. Id. Under this
standard, the existence of a mere scintilla of evidence in
support of the non-movant's position is insufficient to
withstand the summary judgment motion. Anderson, 477
U.S. at 252. Likewise, conclusory allegations or denials,
without more, are insufficient to preclude granting the
summary judgment motion. Ross v. Commc'ns Satellite
Corp., 759 F.2d 355, 365 (4th Cir.1985), overruled
on other grounds, 490 U.S. 228 (1989). “Only
disputes over facts that might affect the outcome of the suit
under the governing law will properly preclude the entry of
summary judgment. Factual disputes that are irrelevant or
unnecessary will not be counted.” Anderson,
477 U.S. at 248. Further, Rule 56 provides in pertinent part:
A party asserting that a fact cannot be or is genuinely
disputed must support the assertion by:
(A) citing to particular parts of materials in the record,
including depositions, documents, electronically stored
information, affidavits or declarations, stipulations
(including those made for purposes of the motion only),