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
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