American Safety Indemnity Company v. T. H. Taylor, Inc. et al

Filing 61

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf American Safety Indemnity Company's 46 Motion for Summary Judgment is granted to the extent that judgment is entered in its favor in these respects: (a) its claim for a declaration of no duty to defend dfts T.H. Taylor, Inc., Terry H. Taylor and T.H. Taylor Homes; (b) dfts T.H. Taylor, Inc., Terry H. Taylor and T.H. Taylor Homes' counterclaim for breach of contractual duty to defend; and (c) dfts T.H. Ta ylor, Inc., Terry H. Taylor and T.H. Taylor Homes' counterclaim for bad-faith failure to defend and investigate; (2) It is DECLARED that plf American Safety Indemnity Company has no duty to defend dfts T.H. Taylor, Inc., Terry H. Taylor and T.H. Taylor Homes in the underlying state-court and arbitration proceedings brought against them by dfts Michael Rosenberg and Heidi Christie; (3) Plf American Safety Indemnity Company's 46 Motion for Summary Judgment is denied as to plf American Safety Indemnity Company's claim for a declaration of no duty to indemnify dfts T.H. Taylor, Inc., Terry H. Taylor and T.H. Taylor Homes; further ORDERED that all parties show cause, if any there be, in writing by 4/12/2011, as to why plf American Safety Indemnity Company's no-duty-to-indemnify claim should not be dismissed without prejudice as premature. Signed by Honorable Myron H. Thompson on 3/29/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

-TFM American Safety Indemnity Company v. T. H. Taylor, Inc. et al

Doc. 61

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

AMERICAN SAFETY INDEMNITY COMPANY, an insurance company incorporated in the state of Oklahoma,

) ) ) ) ) Plaintiff, ) ) v. ) ) T.H. TAYLOR, INC., et al., ) ) Defendants. ) JUDGMENT

CIVIL ACTION NO. 2:10cv48-MHT (WO)

In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff American Safety Indemnity Company's motion for summary judgment (Doc. No. 46) is granted to the extent that judgment is entered in its favor in these respects: (a) its claim for a declaration of no duty to defend defendants T.H. Taylor, Inc., Terry H. Taylor and T.H. Taylor Homes; (b) defendants T.H. Taylor, Inc., Terry H. Taylor and T.H. Taylor Homes' counterclaim for

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breach of contractual duty to defend; and (c) defendants T.H. Taylor, Inc., Terry H. Taylor and T.H. Taylor Homes' counterclaim investigate. (2) It is DECLARED that plaintiff American Safety Indemnity Company has no duty to defend defendants T.H. Taylor, Inc., Terry H. Taylor and T.H. Taylor Homes in the underlying state-court and arbitration proceedings brought against them by defendants Michael Rosenberg and Heidi Christie. (3) Plaintiff American Safety Indemnity Company's motion for summary judgment (Doc. No. 46) is denied as to plaintiff American Safety Indemnity Company's claim for a declaration of no duty to indemnify defendants T.H. Taylor, Inc., Terry H. Taylor and T.H. Taylor Homes. It is further ORDERED that all parties show cause, if any there be, in writing by April 12, 2011, as to why plaintiff American Safety Indemnity Company's no-duty-tofor bad-faith failure to defend and

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indemnify claim should not be dismissed without prejudice as premature. DONE, this the 29th day of March, 2011.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE