American Western Home Insurance Company v. Johnson et al

Filing 67

JUDGMENT granting in part and denying in part 57 Amended 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 AMERICAN WESTERN HOME INSURANCE COMPANY VS. PLAINTIFF CASE NO. 4:11-CV-4071 STEVE JOHNSON; STEVE JOHNSON d/b/a CHERRY HILL PRINTING, INC.; DON WOLF a/k/a DONN WOLFE; and CHERRY HILL PRINTING, INC. DEFENDANTS JUDGMENT Before the Court is an Amended Motion for Summary Judgment (ECF No. 57) filed on behalf of Plaintiff American Western Home Insurance Company (“American Western”). Separate Defendants Cherry Hill Printing, Inc. and Don Wolf have filed a response. (ECF No. 60). American Western has filed a reply. (ECF No. 62). The Court finds this matter ripe for consideration. For the reasons stated in the Memorandum Opinion of even date, the Court finds that American Western’s Motion for Summary Judgment (ECF No. 57) should be and hereby is GRANTED in part and DENIED in part. American Western’s motion is granted as to the coverage issues in the Coie and Ondrisek suits. Because there is no justiciable controversy as to American Western’s claims regarding the Kolbek 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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