Fanucci

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT

(Docket No. 48)

Plaintiff Michelle Fanucci has filed suit against Defendant Allstate Insurance Company, asserting claims for breach of contract, negligence, and negligent misrepresentation. Currently pending before the Court is Allstate’s motion for summary judgment or partial summary judgment. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS in part and DENIES in part the motion.

I. FACTUAL & PROCEDURAL BACKGROUND

In January 1997, Ms. Fanucci — at the time, only thirteen years old — was hit by a car driven by an underinsured motorist. Because the motorist was underinsured (ie., Ms. Fanucci’s damages exceeded the motorist’s auto policy), her parents submitted an uninsured motorist (“UIM”) claim to Allstate to make up the difference. Allstate contends that the Fanuccis only had UIM coverage under the auto policy they had with Allstate; in other words, Allstate only had to pay up to the auto policy limit. Ms. Fanucci asserts that the Fanuccis’ umbrella policy was supposed to provide for…