Safeco Insurance Company of America v. Golden et al

Filing 41

JUDGMENT as follows: (1) Plaintiff Safeco Insurance Company of America's motion for summary judgment 26 is granted and judgment is entered in its favor as further set out; (2) Plaintiff Safeco Insurance Company of America's motion for sum mary judgment 26 is denied and judgment is entered against it as further set out; (3) Defendant Jennifer Golden's motion for summary judgment 31 is granted and judgment is entered in her favor as further set out; (4) Defendant Jennifer Gold en's motion for summary judgment 31 is denied and judgment is entered against her as further set out; that all parties show cause, if any there be, in writing by September 2, 2013, as to why plaintiff Safeco Insurance Company of America's duty-to-indemnify claim should not be dismissed without prejudice as premature. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 8/20/2013. (Attachments: # 1 Civil Appeals Checklist)(jg, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
SAFECO INSURANCE COMPANY OF )
AMERICA,
)
)
Plaintiff,
)
)
v.
)
)
JENNIFER GOLDEN,
)
)
Defendant.
)

CIVIL ACTION NO.
3:12cv537-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) Plaintiff Safeco Insurance Company of America’s
motion for summary judgment (doc. no. 26) is granted and
judgment is entered in its favor to the extent that it is
declared

that

plaintiff

Safeco

Insurance

Company

of

America is not obligated to defend defendant Jennifer
Golden as to counts six through nine of the state-court
lawsuit at issue.
(2) Plaintiff Safeco Insurance Company of America’s
motion for summary judgment (doc. no. 26) is denied and

judgment is entered against it to the extent that it
seeks a declaration in its favor as to its duty to defend
defendant Jennifer Golden as to count ten of the statecourt lawsuit at issue.
(3) Defendant Jennifer Golden’s motion for summary
judgment (doc. no. 31) is granted and judgment is entered
in her favor to the extent that it is declared that
plaintiff

Safeco

Insurance

Company

of

America

is

obligated to defend defendant Jennifer Golden as to count
ten of the state-court lawsuit at issue.
(4) Defendant Jennifer Golden’s motion for summary
judgment (doc. no. 31) is denied and judgment is entered
against her to the extent that Safeco Insurance Company
of America seeks a declaration in its favor as to its
duty to defend defendant Jennifer Golden as to counts six
through 9 of the state-court lawsuit at issue.
It is further ORDERED that all parties show cause, if
any there be, in writing by September 2, 2013, as to why
plaintiff Safeco Insurance Company of America’s duty-to-

2

indemnify claim should not be dismissed without prejudice
as premature.
This case is not closed.
DONE, this the 20th day of August, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE