Progressive Specialty Insurance Company v. Mims et al
OPINION. Signed by Honorable Judge Myron H. Thompson on 6/30/11. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
LARRY DWAYNE MIMS; et al., )
CIVIL ACTION NO.
Plaintiff Progressive Specialty Insurance Company
filed this lawsuit against defendants Larry Dwayne Mims,
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
accident at issue.
Jurisdiction is proper pursuant to 28
U.S.C. § 1332 (diversity).
By order dated April 1, 2011,
Progressive and against Mims and Traylor and set for
submission the issue of damages.
This cause is now
before the court, therefore, on the issue of damages as
to these defendants.
It is clear from Progressive’s filing as to the issue
of damages, however, that the company does not actually
request damages; rather, Progressive seeks declaratory
relief in accordance with the relief it requested in its
Specifically, Progressive asks this court to
enter an order that “there is no coverage under the
Progressive Policy for Defendants Larry Dwayne Mims and
Paula Denise Traylor”; and that “Progressive does not
have a duty to defend or indemnify Larry Dwayne Mims or
Paula Denise Traylor for any lawsuits arising out of the
accident at issue.”
Pl. submission on damages at 1 (doc.
This court is of the opinion that it should
grant the requested declaratory relief against Mims and
A judgment will be entered in accordance with this
DONE, this the 30th day of June, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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