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)

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