PHILADELPHIA — An insurance firm who sued a woman in an attempt to show that she was not covered under an umbrella policy issued to her parents, saw their case dismissed by a judge for failure to ensure proper service of the complaint.
State Farm Fire and Casualty Company filed a complaint on Oct. 18 in the U.S. District Court for the Eastern District of Pennsylvania against Arianne Atiyeh, alleging that the defendant is not insured under her parents' policy.
According to the complaint, the plaintiff alleges that Arianne Atiyeh does not qualify to be covered under her parents' umbrella liability policy because she was not living in their home.
On March 30, 2017, U.S. District Court Judge Lawrence F. Stengel, acting on a default notice filed the previous month, ordered the case dismissed without prejudice for failure to make service, in accordance with Rule 4(m) of the Federal Rules of Civil Procedure.
Prior to dismissal, the plaintiff sought declaratory judgment that the defendant is not insured under its provisions.
The plaintiff was represented by Seth T. Black of Summers McDonnell Hudock & Guthrie, in Harrisburg.
U.S. District Court for the Eastern District of Pennsylvania Case number 5:16-cv-05453