Great West Casualty Company v. Firstfleet, Inc. et al

Filing 98

JUDGMENT in favor of Great West Casualty Company against Firstfleet, Inc., RBX, Inc., Earl Fergerson. Signed by Judge Kristi K. DuBose on 3/25/2014. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
GREAT WEST CASUALTY COMPANY,
Plaintiff,
v.
FIRSTFLEET, INC., et al.,
Defendants.

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CIVIL ACTION NO. 12-00623-KD-N

JUDGMENT
In accordance with the Order entered on this date, it is ORDERED, ADJUDGED, and
DECREED that summary judgment is entered in favor of Plaintiff Great West Casualty
Company (“GWCC”) and against Defendants FirstFleet, Inc. (“FirstFleet”), RBX, Inc. d/b/a
RBX Transportation, Inc., and Earl Fergerson as to Count I of the Complaint and that this action
is DISMISSED with prejudice.
Accordingly, DECLARATORY JUDGMENT is entered in favor of GWCC as follows:
1. There is no coverage for FirstFleet under the Commercial Auto Part of the Great
West Policy of Insurance, Policy No. GWP31400F, and
2. GWCC owes no duty to defend or indemnify FirstFleet with respect to the
underlying action in the Circuit Court of Wilcox County, Alabama, Fergerson v.
Tennessee American Recycling, LLC, et al., Case No. CV-2011-26.
DONE and ORDERED this the 25th day of March 2014.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE