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Martinez v. State Farm Fire & Cas. Co.

United States District Court, D. Minnesota

March 5, 2014

Jose Luis Estrada Martinez o/b/o M.E.S., Plaintiff,
v.
State Farm Fire and Casualty Company, Defendant

Aaron M. Ponce, Esq., MJR LAW, counsel for Plaintiff.

Melissa K. Rislov, Esq., Tamara L. Rollins, Esq., Katherine A. McBride, Esq., and Leatha G. Wolter, Esq., Meagher & Geer, PLLP, counsel for Defendant.

OPINION

DONOVAN W. FRANK, United States District Judge.

MEMORANDUM OPINION AND ORDER

INTRODUCTION

This matter is before the Court on a Motion for Summary Judgment brought by State Farm Fire and Casualty Company (" State Farm" ). (Doc. No. 11.) For the reasons set forth below, the Court grants State Farm's motion.

BACKGROUND

M.E.S. and her mother, Elizabeth Santiago Marquez (" Santiago Marquez" ), live in the same household as Santiago Marquez's sister and her sister's husband, Andres Cantoran-Quiroz (" Cantoran-Quiroz" ). (Doc. No. 14, McBride Aff. ¶ 4, Ex. 3.)

Page 1097

On July 13, 2009, M.E.S. was injured while riding as a passenger in a 1999 Volkswagen Jetta that her mother, Santiago Marquez, owned and was driving. ( Id. ¶ ¶ 2, 3, 4 & Exs. 1, 2, 3.) Santiago Marquez's Jetta was uninsured. ( Id. ¶ 4, Ex. 3.) However, Cantoran-Quiroz (M.E.S.'s uncle) owns a vehicle that he insures with State Farm. ( Id. ¶ 5, Ex. 4 (the " State Farm Policy" ).) The relevant portions of that policy provide:

UNINSURED MOTOR VEHICLE-COVERAGE U
. . .
We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be sustained by an insured and caused by accident arising out of the ...

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