Myers
Myers v. Allstate Indemnity Co.
Opinion
Lead Opinion
Staton, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 20)
1. INTRODUCTION
Before the Court is a Motion for Summary Judgment filed by. Defendant Allstate Indemnity Company. (Mot., Doc. 20.) Plaintiff Diane Myers opposed, and Allstate replied. (Opp., Doc. 24; Reply, Doc. 25.) Having read and considered the papers and heard oral argument, the Court GRANTS the Motion.
II. BACKGROUND
On April 3, 2012, Plaintiff Diane Myers was involved in a car accident. 1 (Statement of Uncontroverted Facts, Doc. 20-1, ¶ 2.) Defendant Allstate Indemnity Company had previously issued an auto insurance policy to Myers. (Id. ¶ 1.) The policy provided underinsured motorist coverage of $100,000 per person and medical payments coverage of $5,000. (Id.) Allstate paid the $5,000 medical payments coverage limit for Myers’ medical expenses. (Id. ¶ 3.)
On January 7, 2013, Myers sent a letter to Allstate demanding arbitration under the underinsüred motorist coverage provision of the policy. 2 (Id. ¶ 4.)
*1333 On January 24, 2013, Myers provided Allstate with documents showing she had received the $15,000 policy limit from the at-fault driver. (Id. ¶ 5.)