Canopius Capital Two Limited et al v. Jeanne Estates Apartments, Inc. et al

Filing 163

JUDGMENT granting in part and denying in part 151 Plaintiffs' Motion for Summary Judgment. Signed by Honorable Susan O. Hickey on March 23, 2016. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CANOPIUS CAPITAL TWO LIMITED, ATRIUM 5 LIMITED, AMERICAN MODERN SELECT INSURANCE COMPANY, and GREAT LAKES REINSURANCE (UK) PLC VS. PLAINTIFFS CASE NO. 4:11-CV-4070 JEANNE ESTATES APARTMENTS, INC., STEVE JOHNSON, STEVE JOHNSON d/b/a THE COOKER, DON WOLF a/k/a DONN WOLFE, and CHERRY HILL PRINTING, INC. DEFENDANT-INSUREDS and DESIREE KOLBEK, AMY EDDY, JEANETTE ORLANDO, NICOLE FARR, SUMMER HAGAN, JAMIE RODRIGUEZ, PEBBLES RODRIGUEZ a/k/a YVONNE RODRIGUEZ, SPENCER ONDIRSEK, SETH CALAGNA, CHRISTHIAON COIE DEFENDANT-CLAIMANTS JUDGMENT Before the Court is an Amended Motion for Summary Judgment (ECF No. 143) filed on behalf of Plaintiffs. Separate Defendant-Insureds Cherry Hill Printing, Inc., Jeanne Estates Apartments, Inc., and Don Wolf have filed a response. (ECF No. 146). Separate DefendantClaimants Amy Eddy, Nicole Farr, Summer Hagan, Desiree Kolbek, Jeanette Orlando, Jamie Rodriguez, and Pebbles Rodriguez have filed a response. (ECF No. 148). Plaintiffs have filed replies. (ECF Nos. 153-154). The Court finds this matter ripe for consideration. For the reasons stated in the Memorandum Opinion of even date, the Court finds that Plaintiffs’ Motion for Summary Judgment (ECF No. 151) should be and hereby is GRANTED in part and DENIED in part. Plaintiffs’ motion is granted as to the coverage issues in the Coie suit. Because there is no justiciable controversy as to Plaintiffs’ claims regarding the Kolbek suit and the Ondrisek suit, the motion is denied as to these claims and they are hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 23rd day of March, 2016. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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