Discover Property & Casualty Insurance Company v. The Mitchell Company, Inc.

Filing 68

JUDGMENT entered that the insurance policy at issue does notprovide coverage to Mitchell for the alleged theft of copper piping and fixtures on or about July2006 from units that Mitchell did not own at the Colonial Manor apartment complex in Pascagoula. It is FURTHER ORDERED that Mitchells counterclaims against Discover are DISMISSED with prejudice.. Signed by Judge Kristi K. DuBose on 10/21/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

DISCOVER PROPERTY & CASUALTY
INSURANCE CO.,
Plaintiff/Counterclaim-Defendant,
v.
THE MITCHELL CO., INC.,
Defendant/Counterclaim-Plaintiff.

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CIVIL ACTION NO. 10-00663-KD-M

JUDGMENT
In accordance with the order entered this date (Doc. 67) granting the motion for summary
judgment filed by Plaintiff Discover Property & Casualty Insurance Co. (“Discover”) (Doc. 28),
it is hereby:
1. DECLARED that the commercial property insurance policy, Policy No.
DM004Z00067, issued by Discover does not provide coverage to Defendant The
Mitchell Company (“Mitchell”) for the alleged theft of copper piping and fixtures
on or about July 2006 from units that Mitchell did not own at the Colonial Manor
apartment complex in Pascagoula, Mississippi.
2. ORDERED, ADJUDGED and DECREED that the counterclaims of Defendant
Mitchell against Plaintiff Discover are DISMISSED with prejudice.
Each party shall bear its own costs.
DONE and ORDERED this the 21st day of October 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE