Atlantic Casualty Insurance Company v. Pellerin et al

Filing 24

DEFAULT JUDGMENT, Plaintiff Atlantic Casualty Insurance Company's Motion for Entry of Default Judgment Against Defendants 23 is granted; the Scheduling Conference set for 7/27/15 is vacated; a default declaratory judgment is entered in favor o f Plaintiff Atlantic Casualty Insurance Company and against Defendants Gary Pellerin and Debra Pellerin, Arizona Retreaders, Inc, Chad Pellerin and Jane Doe Pellerin, Jason Pellerin and Jane Doe Pellerin d/b/a AAA Tire & Wheel Centers, LLC, AAA Tire & Wheel Centers, LLC, Andrea J Ghigo, Adam Ghigo, and Allstate Insurance Company as follows; (1) the Plaintiff's commercial general liability insurance policy, number M122000074 with effective dates of 9/22/01 to 9/22/12, issued to its insured, Arizona Retreaders, Inc, does not provide any insurance coverage for the allegations contained in the litigation in the Maricopa County Superior Court, No. CV2014-050180, brought by Andrea J Ghigo, Adam Ghigo and Allstate Insurance Company against Ga ry Pellerin and Debra Pellerin, Arizona Retreaders, Inc, Chad Pellerin and Jane Doe Pellerin, Jason Pellerin and Jane Doe Pellerin d/b/a AAA Tire & Wheel Centers, LLC, and AAA Tire & Wheel Centers, LLC, and the Plaintiff has no duty to defend or indemnify its insureds in that litigation; (2) the Parties shall bear their own attorneys' fees and costs incurred in this matter. Signed by Senior Judge Paul G Rosenblatt on 7/20/15. (REW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Atlantic Casualty Insurance Company, Plaintiff, 11 12 13 vs. Gary Pellerin and Debra Pellerin, et al., 14 Defendants. 15 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-15-00091-PHX-PGR DEFAULT JUDGMENT 16 IT IS ORDERED that the plaintiff Atlantic Casualty Insurance Company’s 17 Motion for Entry of Default Judgment Against Defendants (Doc. 23) is granted 18 pursuant to Fed.R.Civ.P. 55(b)(2). 19 20 IT IS FURTHER ORDERED that the Scheduling Conference set for July 27, 2015 is vacated. 21 IT IS FURTHER ORDERED that a default declaratory judgment is entered in 22 favor of plaintiff Atlantic Casualty Insurance Company and against defendants Gary 23 Pellerin and Debra Pellerin, Arizona Retreaders, Inc., Chad Pellerin and Jane Doe 24 Pellerin, Jason Pellerin and Jane Doe Pellerin d/b/a AAA Tire & Wheel Centers, 25 LLC, AAA Tire & Wheel Centers, LLC, Andrea J. Ghigo, Adam Ghigo, and Allstate 26 Insurance Company as follows: 1 (1) The plaintiff’s commercial general liability insurance policy, number 2 M122000074 with effective dates of September 22, 2001 to September 22, 2012, 3 issued to its insured, Arizona Retreaders, Inc., does not provide any insurance 4 coverage for the allegations contained in the litigation in the Maricopa County 5 Superior Court, No. CV2014-050180, brought by Andrea J. Ghigo, Adam Ghigo and 6 Allstate Insurance Company against Gary Pellerin and Debra Pellerin, Arizona 7 Retreaders, Inc., Chad Pellerin and Jane Doe Pellerin, Jason Pellerin and Jane Doe 8 Pellerin d/b/a AAA Tire & Wheel Centers, LLC, and AAA Tire & Wheel Centers, LLC, 9 and the plaintiff has no duty to defend or indemnify its insureds in that litigation; 10 11 12 (2) The parties shall bear their own attorneys’ fees and costs incurred in this matter. DATED this 20th day of July, 2015. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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