KEARNEY v. AUTO-OWNERS INSURANCE COMPANY

SUSAN BUCKLEW, District Judge

This cause comes before the Court for consideration of Plaintiff's Motion for Partial Summary Judgment (Doc. No. 48) and Defendant's Motion for Partial Summary Judgment (Doc. No. 81). These motions were considered by the United States Magistrate Judge Thomas G. Wilson pursuant to an order of referral (Doc. No. 85). Magistrate Judge Wilson held a hearing on June 7, 2007 and thereafter filed his Report and Recommendation (Doc. No. 118). In the Report and Recommendation, Magistrate Judge Wilson recommended that Plaintiff's Motion for Partial Summary Judgment be denied with respect to a seat belt defense, and granted to the extent that the retained limit under Defendant's umbrella policy is found to mean that the umbrella policy provides coverage above $530,000.00. Magistrate Judge Wilson also recommended that Defendant's Motion for Partial Summary Judgment be denied. All parties were furnished copies of the Report and Recommendation, and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). Plaintiff and Defendant each filed objections to the Magistrate's Report and Recommendation (Doc. Nos. 137 and 136).

Upon consideration of the Report and Recommendation and each party's objections thereto, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED AND ADJUDGED that

(1) The Magistrate Judge's Report and Recommendation (Doc. No. 118) is adopted and incorporated by reference in this Order of the Court;

(2) Plaintiff's Motion for Partial Summary Judgment (Doc. No. 48) is DENIED with respect to the seat belt defense;

(3) Plaintiff's Motion for Partial Summary Judgment (Doc. No. 48) is GRANTED with respect to the retained limit under Defendant's umbrella policy, in that it is found to mean that the umbrella policy provides coverage when damages exceed $530,000.00; and

(4) Defendant's Motion for Partial Summary Judgment (Doc. No. 81) is DENIED.