United Financial Casualty Company v. Chad Cox Logging, LLC et al

Filing 25

ORDER granting 20 Motion for Summary Judgment; and Plaintiff owes no duties under a policy of insurance issued by it to Chad Cox Logging, LLC for injuries and damages sustained by Earnest Shirley resulting from an incident that occurred on 04/27/2019. Signed by Honorable Robert T. Dawson on April 26, 2021. (lw)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
UNITED FINANCIAL
CASUALTY COMPANY
vs.

PLAINTIFF
Case No. 6:19-CV-06091-RTD

CHAD COX LOGGING, LLC;
ERNEST SHIRLEY; AND
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA

DEFENDANTS
ORDER

Now before the Court is the Plaintiff’s Motion for Summary Judgment (ECF No. 20)
seeking a declaratory judgment against defendants. Although all defendants were served with the
summons and complaint (ECF Nos. 7 – 9), only Defendant Travelers Property Casualty Company
filed an Answer (ECF No. 13). Defendant Travelers also filed a response to the motion for
summary (declaratory) judgment indicating it takes no position regarding the relief requested by
Plaintiff (ECF No. 23).
There being no opposition to the motion and having considered the court record and file
and being fully advised thereon, the Court finds that the Motion for Summary (Declaratory)
Judgment should be and hereby is GRANTED, and Plaintiff owes no duties under a policy of
insurance issued by it to Chad Cox Logging, LLC for injuries and damages sustained by Earnest
Shirley resulting from an incident that occurred on April 27, 2019.
IT IS SO ORDERED this 26th day of April 2021.
/s/Robert T. Dawson
ROBERT T. DAWSON
SENIOR U.S. DISTRICT JUDGE

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