Progressive Specialty Insurance Company v. Mims et al

Filing 65

JUDGMENT directing that: (1) That, as to defendant Werner Enterprises, Inc., plaintiff Progressive Specialty Insurance Company has no duty to provide liability insurance coverage under the terms of a policy issued to defendant Larry Dwayne Mims for a ny claim, matter, or allegations associated with the June 18 accident; (2) That, as to defendant Werner Enterprises, Inc., plaintiff Progressive Specialty Insurance Company has no duty to provide a defense to defendants Larry Dwayne Mims and Paula De nise Traylor and no duty to indemnify them for any lawsuits arising out of the June 18 accident; and (3) That defendant Werner Enterprises, Inc. cannot recover from plaintiff Progressive Specialty Insurance Company 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; further ORDERED that costs are taxed; against defendant Werner Enterprises, Inc., for which execution may issue; the clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP; this case is terminated as to defendant Werner Enterprises, Inc.. Signed by Honorable Judge Myron H. Thompson on 7/11/11. (Attachments: # 1 Civil Appeals Checklist)(scn, )

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

PROGRESSIVE SPECIALTY
INSURANCE COMPANY,

)
)
)
Plaintiff,
)
)
v.
)
)
LARRY DWAYNE MIMS; et al., )
)
Defendants.
)

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

JUDGMENT
In accordance with the opinion issued on this date,
it is the ORDER, JUDGMENT, and DECLARATION of the court,
with regard to the June 18, 2008, automobile accident
referenced in plaintiff Progressive Specialty Insurance
Company’s complaint in this case, as follows:
(1) That, as to defendant Werner Enterprises,
Inc., plaintiff Progressive Specialty Insurance
Company

has

no

duty

to

provide

liability

insurance coverage under the terms of a policy
issued to defendant Larry Dwayne Mims for any

claim, matter, or allegations associated with
the June 18 accident;
(2) That, as to defendant Werner Enterprises,
Inc., plaintiff Progressive Specialty Insurance
Company has no duty to provide a defense to
defendants Larry Dwayne Mims and Paula Denise
Traylor and no duty to indemnify them for any
lawsuits arising out of the June 18 accident;
and
(3)

That

cannot

defendant

recover

Werner

from

Enterprises,

plaintiff

Inc.

Progressive

Specialty Insurance Company 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.
It is further ORDERED that costs are taxed against
defendant Werner Enterprises, Inc., for which execution
may issue.

2

The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This

case

is

terminated

as

to

defendant

Enterprises, Inc.
DONE, this the 11th day of July, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

Werner