Progressive Specialty Insurance Company v. Shrimp Basket Bottling Company, Inc. et al

Filing 40

DEFAULT JUDGMENT in favor of Progressive Specialty Insurance Company against Courtney Jones. Signed by Judge Callie V. S. Granade on 6/10/2014. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PROGRESSIVE SPECIALTY
INSURANCE COMPANY,
Plaintiff,
vs.
SHRIMP BASKET BOTTLING
COMPANY, INC.; COURTNEY
JONES; and SARA GERMANY,
Defendants.

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CIVIL ACTION NO. 13-0435-CG-N

DEFAULT JUDGMENT
In accordance with the court’s order entered this date, granting plaintiff’s
motion for default judgment, it is hereby ORDERED, ADJUDGED, and
DECREED that judgment is entered in favor of plaintiff, Progressive Specialty
Insurance Company, and against defendant, Courtney Jones and it is hereby
DECLARED as follows:
1. the 2005 Toyota Camry driven by Courtney Jones at the time of the
automobile accident involving Sara Germany and Courtney Jones that
occurred on or about May 20, 2013, in Mobile County, Alabama
(“subject accident”), was not an “insured auto” under the Progressive
commercial auto policy, Policy Number 04685348-3, issued to Shrimp
Basket Bottling Company, Inc. (“policy at issue”);
2. Shrimp Basket Bottling Company, Inc. and Courtney Jones were not
“insureds” for the subject accident under the Progressive policy at

issue;
3. the subject accident is not covered under the Progressive policy at
issue;
4. Progressive has no duty to defend Shrimp Basket Bottling Company,
Inc. in the underlying lawsuit arising out of the subject accident, which
is styled Sara Germany v. Courtney Louise Jones, et al., pending in the
Circuit Court of Mobile County, Alabama, and bearing case number
2013-CV-901863;
5. Progressive has no duty to indemnify Shrimp Basket Bottling
Company, Inc. for any judgment or settlement in the underlying
lawsuit arising out of the subject accident, which is styled Sara
Germany v. Courtney Louise Jones, et al., pending in the Circuit Court
of Mobile County, Alabama, and bearing case number 2013-CV901863; and
6. Progressive and Defendants Shrimp Basket Bottling Company, Inc.
and Sara Germany shall each bear its/her own costs and attorney’s
fees.
DONE and ORDERED this 10th day of June, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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