Progressive Specialty Insurance Company v. Mims et al
OPINION. Signed by Honorable Judge Myron H. Thompson on 7/11/11. (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 June 21, 2011,
Progressive and against Werner Enterprises and set for
submission the issue of damages.
This cause is now
before the court, therefore, on the issue of damages as
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, as to
Werner Enterprises, that “there is
no coverage under the Progressive Policy for Defendants
“Progressive does not have a duty to defend or indemnify
lawsuits arising out of the accident at issue”; and that
“Werner Enterprises, Inc. cannot recover from Plaintiff
for any damages, including but not limited to subrogation
interests, that it seeks or claims it has rights to under
the Progressive policy at issue.”
damages at 1 (doc. no. 61).
Pl. submission on
This court is of the opinion
that it should grant the requested declaratory relief
against Werner Enterprises.
A judgment will be entered in accordance with this
DONE, this the 11th day of July, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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