Atlantic Casualty Insurance Company v. CM Sellers, LLC et al

Filing 47

JUDGMENT/ORDER denying 35 Motion for Summary Judgment; granting 32 Motion for Summary Judgment. Signed by Honorable Susan O. Hickey on September 28, 2017. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION

ATLANTIC CASUALTY INSURANCE
COMPANY

v.

PLAINTIFF

Case No. 1:16-cv-1002

CM SELLERS, LLC; KYLER JOHNSON; and
POTLATCH LAND & LUMBER, LLC

DEFENDANTS

JUDGMENT
Before the Court are cross-motions for summary judgment filed by Plaintiff Atlantic
Casualty Insurance Company (ECF No. 32) and Defendant Potlatch Land & Lumber, LLC (ECF
No. 35). Responses have been filed. ECF Nos. 39, 42. The parties have filed replies. ECF Nos.
42, 45. The Court finds that these motions are ripe for the Court’s consideration. For the reasons
stated in the Memorandum Opinion of even date, the Court finds that Plaintiff’s Motion for
Summary Judgment (ECF No. 32) as it relates to the Policy’s Exclusion of Injury to Employees,
Contractors and Employees of Contractors endorsement should be and hereby is GRANTED.
Further, the Court finds that Defendant’s Motion for Summary Judgment (ECF No. 35) as it relates
to the Policy’s Exclusion of Injury to Employees, Contractors and Employees of Contractors
endorsement should be and hereby is DENIED.
IT IS SO ORDERED, on this 28th day of September, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge