QBE Insurance Corporation v. Estes Heating and Air Conditioning, Inc.

Filing 34

DECLARATORY JUDGMENT in favor of Plf QBE Insurance Corporation against Dft Estes Heating and Air Conditioning, Inc., as set out. Signed by Judge Callie V. S. Granade on 2/8/12. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION QBE INSURANCE CORPORATION, ) ) Plaintiff, ) ) v. ) ) ESTES HEATING & AIR ) CONDITIONING, INC., ) ) Defendant. ) CIVIL ACTION NO. 10-456-CG-N DECLARATORY JUDGMENT In accordance with the court=s order entered this date granting plaintiff=s motion for summary judgment, it is hereby ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of plaintiff, QBE Insurance Corporation, and against Estes Heating & Air Conditioning, Inc., and it is hereby DECLARED as follows: The CGL Policy issued to Estes Heating & Air Conditioning, Inc. by QBE Insurance Corporation does not afford coverage for the underlying suits1 and QBE Insurance Corporation has no duty to defend or indemnify Estes Heating & Air Conditioning, Inc. in those suits. DONE and ORDERED this 8th day of February, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE 1 The underlying suits consist of two lawsuits filed in the Circuit Court of Mobile County, Alabama: Diges E. Little, et al. v. The Mitchell Company, Inc., et al., CV-09-901153, and Robert W. Henderson, et al. v. The Mitchell Company, Inc., et al., CV-2009-901381 which have been consolidated with another civil case Housing Authority of the City of Prichard v. The Mitchell Company, Inc., et al., CV-09-901118.

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