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)
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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