Hartford Fire Insurance Company v. The Mitchell Company, Inc.

Filing 192

JUDGMENT entered that in accordance with the Order entered on this date, it is hereby ORDERED, ADJUDGED and DECREED that Hartfords motion for summary judgment on its declaratory judgment claim is GRANTED such that there is no coverage for TMC for Cam pus alleged misconduct under the Policy. It is further ORDERED, ADJUDGED, and DECREED that Hartford's motion for summary judgment on TMC's breach of contract and bad faith counterclaims, as well as TMC's partial motion for summary judgment on Hartfords declaratory judgment claim, are MOOT. Signed by Judge Kristi K. DuBose on 12/15/2010. (mca)

Hartford Fire Insurance Company v. The Mitchell Company, Inc.

Doc. 192

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION HARTFORD FIRE INSURANCE CO., Plaintiff, vs. THE MITCHELL COMPANY, INC., and JOSEPH J. CAMPUS, III, Defendants. ) ) ) ) ) ) ) )

CIVIL ACTION NO. 08-00623-KD-N

JUDGMENT In accordance with the Order entered on this date, it is hereby ORDERED, ADJUDGED and DECREED that Hartford's motion for summary judgment on its declaratory judgment claim is GRANTED such that there is no coverage for TMC for Campus' alleged misconduct under the Policy. It is further ORDERED, ADJUDGED, and DECREED that Hartford's motion for summary judgment on TMC's breach of contract and bad faith counterclaims, as well as TMC's partial motion for summary judgment on Hartford's declaratory judgment claim, are MOOT.1 DONE and ORDERED this the 15th day of December 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

Campus moved for summary judgment as to Hartford's only claim against him: "[t]o the extent that the Court determines that Hartford has any liability to [TMC] under the ... Policy, Campus is liable to Hartford in an equal amount and Hartford is entitled to a matching judgment against Campus for any amounts that Hartford may be adjudged liable to [TMC]." (Doc. 1 at ¶72). In light of the foregoing, it is also ORDERED, ADJUDGED and DECREED that Campus' motion for summary judgment (Docs. 125, 126) is MOOT.

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