Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

KNOX v. STATE FARM INS. CO.

October 13, 1988

TONNIE KNOX and LENA KNOX
v.
STATE FARM INSURANCE COMPANY



The opinion of the court was delivered by: WEINER

 CHARLES R. WEINER, UNITED STATES DISTRICT JUDGE

 This contract action to recover first party benefits pursuant to an automobile insurance policy was initially commenced by plaintiffs in the Court of Common Pleas of Philadelphia County, then removed by the defendant to this court on the basis of diversity of citizenship. Presently before the court are the parties' cross-motions for summary judgment. *fn1" For the reasons which follow, the motion of the plaintiffs for summary judgment is denied and the motion of the defendant for summary judgment is granted. *fn2"

 The parties have stipulated to the following facts:

 1. Plaintiffs are Mr. Tonnie Knox and his wife, Mrs. Lena Knox.

 2. Plaintiffs were injured in a car accident on January 13, 1987, in Philadelphia, Pennsylvania.

 3. At the time of the injuries to plaintiffs from this accident, defendant, State Farm Insurance Company ("State Farm") was the servicing carrier for the New Jersey Automobile Full Insurance Underwriting Association which insured plaintiffs' car, under a policy of insurance number J159-093-30.

 4. Plaintiff, Tonnie Knox applied for a policy of car insurance through State Farm on June 19, 1985.

 5. The plaintiff, Tonnie Knox applied for car insurance at defendant, State Farm's agent's (Richard J. Deniken) office of State Farm, in Pennsauken, New Jersey.

 6. An employee of State Farm and agent, Richard J. Deniken, Sue Hartman, took the information for the application of insurance signed and approved by defendant's agent, Richard J. Deniken.

 7. Plaintiff, Tonnie Knox signed the application for auto insurance, a copy of which is attached to this Memorandum Opinion and Order as Exhibit A.

 8. The aforementioned Sue Hartman, never requested to see a copy of plaintiff's registration card.

 9. At the time the application for insurance was executed by State Farm, plaintiff Tonnie Knox lived in Pennsylvania.

 10. At the time of the accident in question, plaintiff, Tonnie Knox resided with his brother in Camden, New Jersey.

 11. Mr. Tonnie Knox has been employed continuously for four and one-half (4 1/2) years at the Sandy Mac Food Co., 9108 Haddonfield Road, Pennsauken, New Jersey. Mr. Knox began to work there in 1983.

 12. The "81" Ford Escort station wagon which was insured by State Farm was bought by plaintiffs, Mr. and Mrs. Tonnie Knox, on June 10, 1985 in Philadelphia, Pennsylvania.

 13. The Pennsylvania license plate of the "81" Ford Escort auto that plaintiffs, Mr. and Mrs. Knox, purchased was KUB-773.

 14. At the time the Ford Escort auto was purchased by Mr. and Mrs. Tonnie Knox it was registered in the Commonwealth of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.