Charlin

ORDER RE: Defendants’ Motion for Summary Judgment

The Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment of Defendants ALLSTATE INSURANCE COMPANY and DONOYAN INSURANCE AGENCY came on regularly for hearing before this Court on August 3, 1998. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Defendants’ Motion is GRANTED.

I. Factual and Procedural Background

The undisputed facts in this matter are as follows:

In 1983, Allstate issued Automobile Policy No. 4924371 (the “Policy”) to Plaintiff CELIA CHARLIN’s husband providing coverage for two vehicles, a 1972 Cadillac and a 1968 Chevrolet. Exhibit 1. On June 30,1983, Plaintiffs husband signed a document rejecting uninsured motorist (“UM”) coverage. Exhibit 2.

In 1989, the 1968 Chevrolet covered under the Policy was replaced by a 1989 Cadillac. Exhibit 3. Before December 20, 1990, Plaintiff was added to the policy as a named insured.

Sometime in 1991 or early 1992, Plaintiffs husband died. Exhibit 20. At Plaintiffs request, Allstate deleted Plaintiffs husband from the Policy on March 5,1992. Exhibit 5. The Policy number remained the…