Atlantic Casualty Insurance Company v. L & L Social Club, Inc. et al

Filing 34

JUDGMENT: (1) As to defendants Lillian Peterson and Vickie Doss (individually and as administrator of the estate of James Arthur Doss), plaintiff Atlantic Casualty Insurance Company's motion for summary judgment 26 is granted as to its duty to defend. (2) Judgment is entered in favor of plaintiff Atlantic Casualty Insurance Company and against defendants Lillian Peterson and Vickie Doss (individually and as administrator of the estate of James Arthur Doss) as to the insurance company& #039;s duty to defend. (3) As to defendants Lillian Peterson and Vickie Doss (individually and as administrator of the estate of James Arthur Doss), it is the DECLARATION of this court that plaintiff Atlantic Casualty Insurance Company does not hav e a duty to defend defendant L & L Social Club, Inc. under plaintiff Atlantic Casualty Insurance Company's insurance policy as further set out. (4) As to defendants Lillian Peterson and Vickie Doss (individually and as administrator of the es tate of James Arthur Doss), plaintiff Atlantic Casualty Insurance Company's motion for summary judgment 26 is denied as to its duty to indemnify. (5) As to defendants Lillian Peterson and Vickie Doss (individually and as administrator of t he estate of James Arthur Doss), plaintiff Atlantic Casualty Insurance Company's duty-to-indemnify claim is dismissed without prejudice as premature. 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. This case is closed. Signed by Honorable Judge Myron H. Thompson on 9/16/2013. (jg, ) TERMINATED: Final Pretrial Conference 11/15/2013; Non-Jury Trial 12/16/2013

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

ATLANTIC CASUALTY INSURANCE )
COMPANY,
)
)
Plaintiff,
)
)
v.
)
)
L & L SOCIAL CLUB, INC.,
)
d/b/a L & L Social Club,
)
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
3:12cv617-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) As to defendants Lillian Peterson and Vickie Doss
(individually and as administrator of the estate of James
Arthur

Doss),

plaintiff

Atlantic

Casualty

Insurance

Company’s motion for summary judgment (doc. no. 26) is
granted as to its duty to defend.
(2)
Atlantic

Judgment
Casualty

is

entered
Insurance

in

favor

Company

of
and

plaintiff
against

defendants Lillian Peterson and Vickie Doss (individually
and as administrator of the estate of James Arthur Doss)
as to the insurance company’s duty to defend.
(3) As to defendants Lillian Peterson and Vickie Doss
(individually and as administrator of the estate of James
Arthur Doss), it is the DECLARATION of this court that
plaintiff Atlantic Casualty Insurance Company does not
have a duty to defend defendant

L & L Social Club, Inc.

under plaintiff Atlantic Casualty Insurance Company’s
insurance policy, No. L024002449, for the May 28, 2011,
incident

referred

to

in

plaintiff

Atlantic

Casualty

Insurance Company’s complaint in this case.
(4) As to defendants Lillian Peterson and Vickie Doss
(individually and as administrator of the estate of James
Arthur

Doss),

plaintiff

Atlantic

Casualty

Insurance

Company’s motion for summary judgment (doc. no. 26) is
denied as to its duty to indemnify.
(5) As to defendants Lillian Peterson and Vickie Doss
(individually and as administrator of the estate of James

2

Arthur

Doss),

plaintiff

Atlantic

Casualty

Insurance

Company’s duty-to-indemnify claim is dismissed without
prejudice as premature.
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.
This case is closed.
DONE, this the 16th day of September, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE