Icasiano

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

Defendants Allstate Insurance Company (“Allstate”) and Tana Golden (“Golden”) move to dismiss the Complaint. The matter has been fully briefed, and hearings were held on May 24, 2000 and June 19, 2000. Having considered the contents of the Complaint and the arguments set forth by the parties, the Court now rules as follows.

I. BACKGROUND

This action arises from an April 6, 1999 freeway accident involving five automobiles, including one driven by Plaintiff Judith Icasiano. The crash caused bodily injury to several victims and the death of Ruben Blass Vasquez. Plaintiff was criminally charged with vehicular manslaughter for the death of Mr. Vasquez.

At the time of the incident, Plaintiff held an insurance policy with Allstate, number 0674901690504 (“the Policy”). The Policy provides a limit of $25,000 per person for bodily injury, $25,000 for property damage per occurrence, and a limit of $50,000 per occurrence. The Policy also provides as follows:

Policy at page 3 (Decl. of Glen Davis, Ex. A). The complaint alleges the existence of several third-party “claims” that exceed the amount of the policy. The Complaint does not allege that…