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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SHERRY ANN GORHAM, Plaintiff : : : v. : : GUIDANT MUTUAL INSURANCE : COMPANY, et al., : Defendants : ...o0o... MEMORANDUM I. INTRODUCTION In this action, here under the diversity of citizenship jurisdiction and arising under the law of Maryland, plaintiff Sherry Ann Gorham has sued Guidant Mutual Insurance Company and its predecessors and successors in interest (hereafter "Guidant"), the company that issued an automobile liability policy to her employer. Gorham was seriously injured in an accident caused by an "underinsured motorist." She alleges, therefore, that under the circumstances of this case, she is entitled to recover compensation pursuant to the uninsured/underinsured motorist provisions of the Guidant policy. Guidant has denied coverage. Discovery has concluded; pending before the court are the parties' cross motions for summary judgment on the issue of whether Gorham was indeed covered under the Guidant policy. No hearing is necessary. For the reasons stated herein, I am persuaded that it is highly likely that if it were confronted with the record before me, the Maryland Court of Appeals would conclude that, as a matter of law, at the time of the accident, Gorham was covered by the uninsured/underinsured provisions of the Guidant policy. Thus, I shall grant Gorham's

CIVIL NO. AMD 99-1442

motion and deny Guidant's motion.1 II. FACTS There exists no genuine dispute of material fact. Gorham was employed during 1997 as a teacher by the Grace Bible Baptist Church and Christian School ("Grace"). Her husband, John Gorham ("J. Gorham"), was an Assistant Pastor at the church, and her sister, Cindy Johnson ("Johnson"), was also a teacher at the church school. Grace is the named insured in the policy at issue. In the early morning hours of April 11-12, 1997, Gorham, J. Gorham and Johnson were returning to Maryland from a trip to Georgia. The purpose of the trip had been twofold:

Pursuant to Fed. R. Civ. P. 56(c), summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986). In considering a motion for summary judgment, the facts, as well as the inferences to be drawn therefrom, must be viewed in the light most favorable to the nonmovant. Matsushita Elec. Indust. Co. v. Zenith Radio Corp., 574 U.S. 547, 587-88 (1986). A party moving for summary judgment is entitled to a grant of summary judgment only if no issues of material fact remain for the trier of fact to determine at trial. Id. at 587. A fact is material for purposes of summary judgment, if when applied to the substantive law, it affects the outcome of the litigation. Anderson, 477 U.S. at 248. A party opposing a properly supported motion for summary judgment bears the burden of establishing the existence of a genuine issue of material fact. Anderson, 477 U.S. at 248-49. The nonmovant "cannot create a genuine issue of fact through mere speculation or the building of one inference upon another." Beale v. Hardy, 769 F.2d 213, 214 (4th Cir. 1985). See O'Connor v. Consolidated Coin Caterers Corp., 56 F.3d 542, 545 (4th Cir. 1995), rev'd on other grounds, 116 S.Ct. 1307 (1996). "When a motion for summary judgment is made and supported as provided in [Rule 56], an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in [Rule 56] must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e). See Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986); Anderson, 477 U.S. at 252; Shealy, 929 F.2d at 1012. When a court is confronted with cross-motions for summary judgment, as is the case here, the court must consider each party's motion individually to determine if that party has satisfied the summary judgment standard. 10A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure

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