Safeco Insurance Company of America v. Golden et al
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 )
KEVIN GOLDEN and JENNIFER )
CIVIL ACTION NO.
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.
now moves for an entry of default judgment against Kevin
The motions will be granted, albeit as to only
The case concerns a civil lawsuit for injuries and
damages arising from an slleged sexual assault.
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
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.
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
judgment should not be entered against him.
Default judgment is therefore due to be entered
against Kevin Golden.
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
DONE, this the 5th day of December, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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