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)

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.