Carter Brothers Manufacturing Company, Inc. v. Lumbermen's Underwriting Alliance

Filing 237

JUDGMENT that 210 Joint MOTION for Order of Payment to Regions Bank is granted; that Defendant and third-party plaintiff Lumbermen's Underwriting Alliance may issue payment to third-party defendant Regions Bank, as sole payee, in the amount of $277,072.67, as fully set out in order; that this judgment does not terminate any party. Signed by Honorable Judge Myron H. Thompson on 7/18/2012. (Attachments: # 1 Civil Appeals Checklist)(cc, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CARTER BROTHERS
MANUFACTURING COMPANY,
INC.,

)
)
)
)
Plaintiff,
)
)
v.
) CIVIL ACTION NO.
) 2:11cv251-MHT (WO)
LUMBERMEN’S UNDERWRITING
)
ALLIANCE, an Inter)
Insurance Exchange Company, )
)
Defendant and Third)
Party Plaintiff,
)
)
v.
)
)
GE COMMERCIAL DISTRIBUTION )
FINANCE CORP., et al.,
)
)
Third-Party Defendants. )
JUDGMENT
It is the ORDER, JUDGMENT and DECREE of the court
as follows:

(1) The motion for order of payment to Regions Bank
(Doc. No. 210) is granted.

{00027708.DOC .}

(2) Defendant and third-party plaintiff Lumbermen’s
Underwriting Alliance may issue payment to third-party
defendant Regions Bank, as sole payee, in the amount of
$277,072.67.

(3) By issuing payment and doing so in the fashion
described herein, defendant and third-party plaintiff
Lumbermen’s Underwriting Alliance is not waiving any
rights it may have with respect to: (a) recovery of
this

amount

Manufacturing

from
Company,

plaintiff
Inc.

Carter
and/or

Brothers
third-party

defendants June Arn and Jonathan Arn; (b) its abilities
to question whether coverage exists in this matter and
what sums, if any, are owed to the other loss payees;
and (c) its ability to continue with its declaratoryjudgment actions.

(4) By allowing the issuance of payment to thirdparty defendant Regions Bank, plaintiff Carter Brothers
Manufacturing Company, Inc. is not waiving any rights
that it has to recovery against defendant and thirdparty plaintiff Lumbermen’s Underwriting Alliance.
2

(5) By allowing the issuance of payment to thirdparty defendant Regions Bank, plaintiff Carter Brothers
Manufacturing Company, Inc. is not waiving any defense
asserted by it in its amended answer to defendant and
third-party

plaintiff

Lumbermen’s

Underwriting

Alliance’s counterclaim.

(6) By allowing the issuance of payment to thirdparty

defendant

Regions

Bank,

third-party

defendants

June Arn and Jonathan Arn are not waiving any defense
asserted by them in their amended answer to defendant
and

third-party

plaintiff

Lumbermen’s

Underwriting

Alliance’s third-party complaint.

(7) Third-party defendant Regions Bank’s acceptance
of the $277,072.67 claim payment set forth herein shall
not preclude third-party defendant Regions Bank from
pursuing an award of interest on the claim amount in
this lawsuit.

(8) Third-party defendant Regions Bank’s acceptance
of the $277,072.67 claim payment set forth herein shall

3

not preclude third-party defendant Regions Bank from
collecting from plaintiff Carter Brothers Manufacturing
Company, Inc. and third-party defendants June Arn and
Jonathan Arn any additional interest that has accrued
or other amounts that have become due since the date of
loss pursuant to the terms of the loan agreements and
promissory
Brothers

notes

entered

Manufacturing

into

Company,

by

plaintiff

Inc.

and

Carter

third-party

defendant Regions Bank.

(9) By allowing issuance of payment to third-party
defendant

Regions

Bank,

plaintiff

Carter

Brothers

Manufacturing Company, Inc. is not waiving any right it
may

have

plaintiff

to

recover

from

Lumbermen’s

defendant

and

Underwriting

third-party

Alliance

any

additional interest that has accrued or other amounts
that have become due, pursuant to the terms of the loan
agreements and notes entered into by plaintiff Carter
Brothers
defendant
although

Manufacturing
Regions

Bank

defendant

Company,

Inc.

and

since

the

and

third-party

4

date

of

third-party
the

loss,

plaintiff

Lumbermen’s

Underwriting

Alliance

denies

that

third-

party defendant Regions Bank is entitled to receive any
such interest payment from it, pursuant to the policy
and applicable law.

The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

final

Federal

Rules

judgment
of

Procedure.

This judgment does not terminate any party.

DONE, this the 18th day of July, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

5

Civil