Safeco Insurance Company of America v. Golden et al

Filing 24

OPINION. Signed by Honorable Judge Myron H. Thompson on 12/5/2012. (jg, )

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

SAFECO INSURANCE COMPANY OF )
AMERICA,
)
)
Plaintiff,
)
)
v.
)
)
KEVIN GOLDEN and JENNIFER )
GOLDEN,
)
)
Defendants.
)

CIVIL ACTION NO.
3:12cv537-MHT
(WO)

OPINION
Plaintiff Safeco Insurance Company of America brought
this suit seeking declaratory judgment against defendants
Kevin and Jennifer Golden.

The jurisdiction of the court

has been invoked pursuant to 28 U.S.C. § 1332.

Safeco

now moves for an entry of default judgment against Kevin
Golden.

The motions will be granted, albeit as to only

Kevin Golden.
The case concerns a civil lawsuit for injuries and
damages arising from an slleged sexual assault.

David

and Stacey Bence and their minor daughter filed suit

against the Goldens in state court, alleging that, while
the Bences’ minor daughter was spending the night in the
Goldens’ home, Kevin Golden removed her clothing and took
video and photographs of her body.

Safeco agreed to

represent the Goldens against the Bences’ civil suit, but
reserved its right to argue that there is no coverage
afforded under its policy with the Goldens for the claims
raised in the Bences’ suit.

In the instant suit, Safeco

asserts that it has no duty to defend and indemnify the
Goldens, because the underlying conduct falls within the
policy’s exclusions.

Safeco brought this declaratory-

judgment action seeking a determination of whether Safeco
has a duty to defend and indemnify the Goldens against
the Bences’ claims.
Safeco

submitted

motions

for

entry

of

default

judgment against Kevin Golden after he failed to answer
or otherwise respond to the complaint within the time
allowed by law.

By order of this court, Kevin Golden had

until September 4, 2012, to show cause as to why default

2

judgment should not be entered against him.
respond.

Default judgment is therefore due to be entered

against Kevin Golden.
entered.

He did not

An appropriate judgment will be

Both this opinion and the accompanying judgment

are without prejudice to and do not affect the rights of
Jennifer Golden, who has filed a timely appearance in
this case.
DONE, this the 5th day of December, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE