Smutny

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 IDS PROPERTY CASUALTY No. 2:19-cv-01942-MCE-CKD

INSURANCE COMPANY,

12 Plaintiff, MEMORANDUM AND ORDER v.

ALEX SMUTNY,

15 Defendant. 16 Through this action, Plaintiff IDS Property Casualty Insurance Company (“Plaintiff”) seeks a declaratory judgment against Defendant Alex Smutny (“Defendant”) with regard to Defendant’s claim for uninsured motorist benefits under his parents’ policy of insurance. Presently before the Court is Plaintiff’s Motion for Summary Judgment (ECF No. 9). For the reasons that follow, that Motion is DENIED.1 22 BACKGROUND 24 On April 22, 2018, Defendant was involved in a motor vehicle accident while he was driving a motorcycle that he owned. At the time of the accident, Defendant’s 27 1 Because oral argument would not have been of material assistance, the Court ordered this matter submitted on the briefs. See E.D. Cal. Local Rule 230(g). motorcycle was insured under a policy issued by Progressive Insurance…