Progressive Specialty Insurance Company v. Mims et al

Filing 104

OPINION. Signed by Honorable Judge Myron H. Thompson on 5/24/2012. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

PROGRESSIVE SPECIALTY
INSURANCE COMPANY,
Plaintiff,
v.
DAZIA M. FUMBAH,
Defendant and
Crossclaim Plaintiff,
v.
LARRY DWAYNE MIMS,
Crossclaim Defendant.

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CIVIL ACTION NO.
1:10cv681-MHT
(WO)

OPINION
Plaintiff Progressive Specialty Insurance Company
filed this lawsuit against defendants Larry Dwayne Mims,
Paula

Denise

Traylor,

Dazia

M.

Fumbah,

and

Warner

Enterprises, Inc., seeking a declaration as follows with
regard to a state lawsuit: that Progressive has no duty
to provide liability insurance coverage under the terms
of a policy issued to Mims; and that Progressive has no
duty to provide a defense to Mims or Traylor and no duty

to indemnify them for any lawsuits arising out of the
accidents at issue.
on

the

This lawsuit is now before the court

recommendation

of

the

magistrate

judge

that

Progressive’s declaratory-judgment request against Fumbah
should

be

declaratory
prejudice.

granted

and

judgment

that

should

Fumbah’s
be

request

dismissed

for

without

Fumbah has filed a request for judgment,

which the court is treating as an objection to the
recommendation.

After an independent and de novo review

of the record, the court concludes that the Fumbah’s
objection should be overruled and
recommendation

adopted.

(It

the magistrate judge’s
should

be

noted

that

Fumbah’s crossclaims against Mims are still pending.)
An appropriate judgment will be entered.
DONE, this the 24th day of May, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE