Opinion

Allstate Property and Casualty Insurance Company v. Rounsavall

Court
District Court, N.D. Alabama
Filed
Aug 23, 2024
Cited by
0 cases
Authority
More cited than 31.1%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ALABAMA

NORTHEASTERN DIVISION

ALLSTATE PROPERTY AND )

CASUALTY INSURANCE )

COMPANY, )

)

Plaintiff, )

)

v. ) Case No. 5:24-cv-00359-LCB

)

KINSEY ANNE ROUNSAVALL, )

et al., )

)

Defendants. )

MEMORANDUM OPINION

This matter comes before the court on Plaintiff Allstate Property and Casualty

Insurance Company’s motion for default declaratory judgment against Defendants

Toney and Jeanne Rounsavall. (Doc. 14). Allstate’s Complaint seeks a declaratory

judgment that it does not owe Kinsey Rounsavall, Toney Rounsavall, or Jeanne

Rounsavall any duty to defend or indemnify under Toney and Jeanne’s insurance

policy. (Doc. 1).

The Clerk of Court entered default against all the defendants except Kinsey

Rounsavall. (Doc. 9). Allstate then moved under Federal Rule of Civil Procedure 55

for a default judgment against the defaulted defendants. (Doc. 14). Because

Allstate’s well-pleaded allegations and the evidence support its claim for declaratory

judgment, the Court GRANTS the motion for default judgment and ENTERS

default declaratory judgment in favor of Allstate against Toney and Jeanne

Rounsavall.

I. BACKGROUND

A defaulting defendant “admits the plaintiff’s well-pleaded allegations of

fact” for purposes of liability. Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir.

1987) (internal quotation marks omitted)). Accordingly, the Court takes as true the

well-pleaded allegations of Allstate’s complaint.

A. Insurance Policy

Allstate’s automobile insurance policy number 835 208 946 lists two holders,

Toney and Jeanne Rounsavall, and two covered vehicles, a 2019 Honda Cr-V and a

2010 Ford F150 pickup. (Doc. 1-1 at 3-10). The policy also shows that Toney and

Jeanne Rounsavall reside in Centerville, Tennessee. (Id. at 3, 7, 9). Moreover, the

policy contains several definitions relevant to this case:

6. Resident means a person who physically resides in [a policyholder’s]

household with the intention to continue residence there. [A

policyholder’s] unmarried dependent children while temporarily away

from home will be considered residents if they intend to resume

residing in [a policyholder’s] household.

. . .

1. Insured Auto means an auto [a policyholder] own[s] which is described

on the Policy Declarations and for which a premium is shown for

Automobile Liability Insurance – Bodily Injury and Property Damage.

This also includes:

a) its replacement auto;

b) an additional auto;

c) a substitute auto;

d) a non-owned auto;

e) a trailer or travel-trailer.

2. Insured Person means:

a) While using [a policyholder’s] insured auto:

1) [policyholder];

2) any resident; and

3) any other person using it with [the policyholder’s]

permission.

b) While using a non-owned auto:

1) [policyholder]; and

2) any resident relative.

3. Non-owned Auto means an auto used by [a policyholder] or a resident

relative with the owner’s permission but which is not:

a) Owned by [a policyholder] or a resident relative; or

b) Available or furnished for the regular use of you or a resident

relative.

However, an auto owned by, or available or furnished for the regular

use of, a resident relative shall be considered a non-owned auto with

respect to:

a) you, provided it is not owned by you or available or furnished for

your regular use; and

b) any resident relative who does not own the auto and for which

the auto is not available or furnished for the person’s regular use,

provided the auto is not owned by you or available or furnished

for your regular use.

(Id. at 20, 23).

B. Automobile Accident

On August 25, 2022, Kinsey Rounsavall was driving a 1993 Toyota Camry

northbound on Pulaski Pike in Huntsville, Alabama, when she made a left turn in

front of an oncoming vehicle, resulting in a head-on collision. (Doc. 1-2). The police

report reflects that Kinsey resides in Harvest, Alabama. (Id.).

C. State Court Action

On January 18, 2023, Michael Bell and Lynese Bell filed a personal injuries

complaint against Kinsey Rounsavall, Toney Rounsavall and Jeanne Rounsavall in

the Circuit of Madison County, Alabama. (Doc. 1 at ¶ 11); Michael Brown and

Lynese Bell v. Kinsey Anne Rounsavall, Toney Rounsavall, and Jeanne Rounsavall.,

et al., Case No. CV 2023-900059. In turn, Toney Rounsavall requested coverage

pursuant to his policy. (Id. at ¶ 12). Allstate responded with a reservation of rights

letter, reserving the right to deny coverage for the claim submitted by Toney

Rounsavall. (Doc. 1-3).

D. Federal Court Action

Allstate filed a complaint in this Court seeking a declaratory judgment that it

has no duty to defend or indemnify Kinsey Rounsavall, Toney Rounsavall, or

Jeannie Rounsavall under the applicable insurance policy. (Doc. 1). The docket sheet

reflects that Allstate served Toney and Jeanna Rounsavall on April 6, 2024, making

their responsive pleadings due April 27, 2024. (Doc. 5). On June 3, 2024, the Clerk

of Court entered a default against Toney and Jeanna Rounsavall. (Doc. 9). On July

17, 2024 Allstate moved for a default declaratory judgment against the defaulted

defendants. (Doc. 14).

II. ANALYSIS

Federal Rule of Civil Procedure 55 establishes a two-step procedure for

obtaining a default judgment. First, when a defendant fails to plead or otherwise

defend a lawsuit, the Clerk of Court must enter the party’s default. Fed. R. Civ. P.

55(a). Second, if the defendant is not an infant or an incompetent person, the court

may enter a default judgment against the defendant as long as the well-pleaded

allegations in the complaint state a claim for relief. Fed. R. Civ. P. 55(b); Nishimatsu

Contr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975).1

Here, the Clerk of Court has already entered default against Toney and Jeanne

Rounsavall, so the court must determine whether the well-pleaded factual allegations

support Allstate’s request for a declaratory judgment. Allstate argues that both

Kinsey Rounsavall and the 1993 Toyota Camry that she was driving at the time of

the collision are not covered under the policy issued to Toney and Jeanne

Rounsavall. The Court agrees.

First, neither Kinsey Rounsavall nor the 1993 Toyota Camry that she was

driving at the time of the accident is listed on the applicable policy. Second, the

Complaint avers that Kinsey Rounsavall did not reside with Toney and Jeanne

Rounsavall. In addition, the Complaint states Kinsey Rounsavall was not occupying

1 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), the Eleventh

Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down before

October 1, 1981.

an “insured auto” at the time of the accident. Although a “non-owned auto” can

qualify as an “insured auto” under the applicable policy, the Complaint explains that

the 1993 Toyota Camry does not qualify as a “non-owned auto” because Kinsey

Rounsavall is neither a policyholder nor a resident relative of Toney and Jeanne

Rounsavall.

Thus, under policy number 835 208 946, Kinsey Rounsavall was not an

“insured person,” nor was she operating an “insured auto” at the time of the accident,

and Allstate has no obligation to defend and/or indemnify Defendants Jeanne

Rounsavall, Toney Rounsavall or Kinsey Rounsavall with respect to the lawsuit in

the Circuit Court of Madison County, Alabama, captioned Michael Brown and

Lynese Bell v. Kinsey Anne Rounsavall, Toney Rounsavall, and Jeanne Rounsavall.,

et al., Case No. CV 2023-900059.

III. CONCLUSION

The court GRANTS Allstate’s motion for a default declaratory judgment and

ENTERS default declaratory judgment that Allstate owes no duty to defend or

indemnify Jeanne Rounsavall, Toney Rounsavall, or Kinsey Rounsavall with respect

to the lawsuit in the Circuit Court of Madison County, Alabama, captioned Michael

Brown and Lynese Bell v. Kinsey Anne Rounsavall, Toney Rounsavall, and Jeanne

Rounsavall., et al., Case No. CV 2023-900059.

DONE and ORDERED this August 23, 2024.

SESE

LILES C. BURKE

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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