Simmons

Safeco Insurance Co. of America v. Simmons

Good Law
642 F. Supp. 305·1986 U.S. Dist. LEXIS 21687
United States District Court, Northern District of CaliforniaAugust 11, 1986C-86-0325-WWSCalifornia1,510 words

Opinion

Opinion

Schwarzer, J.

MEMORANDUM OF OPINION AND ORDER

Plaintiff Safeco Insurance Company of America (Safeco) moves for summary judgment on all claims asserted in its action for declaratory relief. Defendants Thomas Simmons and LaDonna Rae Simmons, who are husband and wife, are insureds under a policy issued by Safeco. Safeco seeks a determination that certain claims of the defendants are limited by the per accident and per person limits of the policy and that Mr. Simmons has no claim under the policy for negligent infliction of emotional distress.

FACTS

The following facts are undisputed.

On May 27, 1984, Mrs. Simmons was driving east on Kieman Road in a Ford pickup truck. She was accompanied by her twenty-one month old daughter, Codi Simmons. Kiernan is an undivided two-lane road. Two trucks, a GMC driven by Daniel Sharp and a Datsun driven by Daniel Ford, were travelling in the west-bound lane toward Mrs. Simmons. The Datsun was following the GMC. Both of the drivers, Sharp and Ford, were intoxicated.

As they approached Mrs. Simmons, Ford attempted to pass Sharp’s GMC on the right by moving onto the shoulder of the road. As a result of this maneuver, the left front bumper of Ford’s Datsun became…

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