Pennsylvania National Mutual Casualty Insurance Company v. Watts Builders, L.L.C. et al

Filing 58

FINAL JUDGMENT directing that, in accordance with the opinion issued on this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The motion for summary judgment (Doc. No. 33 ) filed by plaintiff Pennsylvania National Mutual Cas ualty Insurance Company is granted; (2) Judgment is entered in favor of plaintiff Pennsylvania National Mutual Casualty Insurance Company and against defendants Watts Development Company, Inc., Watts Builders, L.L.C., and Watts Homes, L.L.C. as to th e insurance company's duty to defend and duty to indemnify; (3) It is the DECLARATION of this court that plaintiff Pennsylvania National Mutual Casualty Insurance Company does not have a duty to defend or a duty to indemnify defendants Watts De velopment Company, Inc., Watts Builders, L.L.C., and Watts Homes, L.L.C., as further set out; further ORDERED that costs are taxed against defendants Watts Development Company, Inc., Watts Builders, L.L.C., and Watts Homes, L.L.C., for which executio n may issue; the clerk of this court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 3/13/14. (Furnished to Calendar/AG)(Term'd: Non-Jury Trial 05/12/2014) (Attachments: # 1 Civil Appeals Checklist)(scn, )

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

PENNSYLVANIA NATIONAL
MUTUAL CASUALTY INSURANCE
COMPANY,
Plaintiff,
v.
WATTS BUILDERS, L.L.C.;
et al.,
Defendants.

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CIVIL ACTION NO.
2:12cv994-MHT
(WO)

JUDGMENT
In accordance with the opinion issued on this date,
it is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) The motion for summary judgment (Doc. No. 33)
filed by plaintiff Pennsylvania National Mutual Casualty
Insurance Company is granted.
(2)

Judgment

is

entered

in

favor

of

plaintiff

Pennsylvania National Mutual Casualty Insurance Company
and against defendants Watts Development Company, Inc.,

Watts Builders, L.L.C., and Watts Homes, L.L.C. as to the
insurance company’s duty to defend and duty to indemnify.
(3) It

is

the

DECLARATION

of

this

court

that

plaintiff Pennsylvania National Mutual Casualty Insurance
Company does not have a duty to defend or a duty to
indemnify defendants Watts Development Company, Inc.,
Watts Builders, L.L.C., and Watts Homes, L.L.C., under
the

insurance

policies

referred

to

in

plaintiff

Pennsylvania National Mutual Casualty Insurance Company’s
complaint in this case with regard to the state-court
lawsuit at issue, civil action number CV-2010-901632.00
(Montgomery County, Alabama, Circuit Court).
It is further ORDERED that costs are taxed against
defendants

Watts

Development

Company,

Inc.,

Watts

Builders, L.L.C., and Watts Homes, L.L.C., for which
execution may issue.
The clerk of this 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.

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This case is closed.
DONE, this the 13th day of March, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE