The Travelers Home and Marine Insurance Company v. Jones et al

Filing 55

JUDGMENT as follows: (1) Plaintiff Travelers Home and Marine Insurance Company's motions for default judgment against defendants Charles E. Jones, Charles H. Jones, and Penny Jones 23 , 24 , and 25 are granted insofar as plaintiff Traveler s Home and Marine Insurance Company seeks a declaration that it does not have a duty to defend in the underlying state-court action described in plaintiff Travelers Home and Marine Insurance Company's complaint in this case. Judgment is entered in favor of plaintiff Travelers Home and Marine Insurance Company and against the Jones defendants in this regard. (2) Plaintiff Travelers Home and Marine Insurance Company's motions for default judgment against the Jones defendants 23 , 24 , and 25 are denied insofar as plaintiff Travelers Home and Marine Insurance Company seeks a declaration that it does not have a duty to indemnify in the underlying state-court action described in plaintiff Travelers Home and Marine Insurance Compa ny's complaint in this case. (3) It is the DECLARATION of this court that plaintiff Travelers Home and Marine Insurance Company does not have a duty to defend with regard to the underlying state-court action described in plaintiff Travelers Home and Marine Insurance Company's complaint in this case. 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 not closed. Signed by Honorable Judge Myron H. Thompson on 3/25/2013. (Attachments: # 1 Civil Appeals Checklist)(jg, )

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

THE TRAVELERS HOME AND,
MARINE INSURANCE COMPANY
Plaintiff,
v.
CHARLES E. JONES; et al.,
Defendants.

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CIVIL ACTION NO.
1:12cv307-MHT
(WO)

JUDGMENT
In accordance with the opinion entered on this date,
it is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) Plaintiff Travelers Home and Marine Insurance
Company’s motions for default judgment against defendants
Charles E. Jones, Charles H. Jones, and Penny Jones (Doc.
Nos. 23, 24, and 25) are granted insofar as plaintiff
Travelers

Home

and

Marine

Insurance

Company

seeks

a

declaration that it does not have a duty to defend in the
underlying

state-court

action

described

in

plaintiff

Travelers Home and Marine Insurance Company’s complaint

in this case.

Judgment is entered in favor of plaintiff

Travelers Home and Marine Insurance Company and against
the Jones defendants in this regard.
(2) Plaintiff Travelers Home and Marine Insurance
Company’s motions for default judgment against the Jones
defendants (Doc. Nos. 23, 24, and 25) are denied insofar
as plaintiff Travelers Home and Marine Insurance Company
seeks a declaration that it does not have a duty to
indemnify in the underlying state-court action described
in

plaintiff

Travelers

Home

and

Marine

Insurance

Company’s complaint in this case.
(3)

It

is

the

DECLARATION

of

this

court

that

plaintiff Travelers Home and Marine Insurance Company
does

not

underlying

have

a

duty

state-court

to

defend

action

with

described

regard
in

to

the

plaintiff

Travelers Home and Marine Insurance Company’s complaint
in this case.

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 not closed.
DONE, this the 25th day of March, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE