Motorists Mutual Insurance Company v. Hammond

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2004 FED App. 0024P (6th Cir.) Argued: December 12, 2003 OPINION In this diversity action premised on Kentucky law, Defendant Vakisha Hammond appeals the November 26, 2001, order of the district court granting summary judgment in favor of Plaintiff Motorists Mutual Insurance Company (""Motorists Mutual""), declaring that she, as mother and legal guardian of Vaniqua Hammond, is not entitled to recover any amount from Motorists Mutual pursuant to its automobile insurance policy for Albin Used Cars, Inc (""Albin""). She also appeals the district court's April 5, 2002, denial of her motion for reconsideration of the November 26, 2001, order. For the reasons that follow, this Court finds that Albin owned the car that Vaniqua Hammond was occupying at the time of the accident, and, therefore, she was an insured pursuant to the Motorists Mutual policy and was entitled to underinsured motorist benefits thereunder. Accordingly, this Court REVERSES the district court's grant of summary judgment and denial of reconsideration and VACATES the related declaratory judgment. I.