Summary
finding that the insured's conviction for arson was inadmissable as substantive evidence because an appeal of the conviction was pending and concluding that "the presence in the record of conflicting testimony precludes summary judgment"
Summary of this case from Allstate Insurance Company v. JacksonOpinion
CIVIL ACTION NO. 2:05cv840-MHT.
October 2, 2006
ORDER
After and independent and de novo review of the record, it is ORDERED as follows:
(1) Plaintiff's objections (doc. no. 32) are overruled.
(2) The recommendation of the United States Magistrate Judge (doc. no. 31) is adopted.
(3) Plaintiff's motion for summary judgment (doc. no. 18) is denied.
(4) This cause is referred back to the United States Magistrate Judge to conduct a non-jury trial and enter a report and recommendation based on the evidence presented at that trial.