Endurance American Specialty Insurance Company v. Hamilton Brewart Insurance Agency LLC et al
Filing
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FINAL JUDGMENT by Judge John F. Walter. THEREFORE, IT IS HEREBY ORDERED and ADJUDGED as follows: (1) Judgment is entered in favor of Endurance against Defendants Derek Brewart, individually and as Trustee of the Hamilton Brewart Trust, on the grounds set forth in the Court's 4/18/2013 Order (Docket No. 106), which Order is incorporated herein by reference as though fully set forth; (2) The Professional Liability Insurance Policy, Number PPL 10002126201that Endurance issued to Hamilton Brewa rt Insurance Agency LLC forthe Policy Period of 7/1/2011 to 7/1/2012 is rescinded and isrendered void ab initio. (3) The Professional Liability Insurance Policy, Number PPL 10002126202 that Endurance issued to Hamilton Brewart Insurance Agency LLC fo r the Policy Period of 7/1/2012 to 7/1/2013 is rescinded and is rendered void ab initio. (4) Judgment is further entered in accordance with the Stipulation of Dismissal concurrently filed with this Court; (5) This action is dismissed with prejudice, in its entirety, with all parties bearing their own attorneys fees and costs. (jp)
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Michael F. Perlis (SBN 095992)
mperlis@lockelord.com
Cary Joy Economou (SBN 211438)
ceconomou@lockelord.com
F. Phillip Hosp (SBN 265225)
phosp@lockelord.com
LOCKE LORD LLP
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071
Telephone: (213) 485-1500
Facsimile: (213) 485-1200
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Attorneys for Plaintiff
ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY
Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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Plaintiff,
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vs.
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HAMILTON BREWART INSURANCE
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AGENCY, LLC, a California limited liability )
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company; DEREK BREWART, an
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individual; DEREK BREWART, AS
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TRUSTEE OF THE HAMILTON
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BREWART TRUST,
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Defendants.
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ENDURANCE AMERICAN SPECIALTY
INSURANCE COMPANY, a Delaware
corporation,
Case No. CV12-9277 JFW (Ex)
Hon. John F. Walter
FINAL JUDGMENT
Action Filed: October 29, 2012
Amended Complaint: Jan. 14, 2013
Discovery Cutoff: June 3, 2013
Final PTC Date: July 19, 2013
Trial Date: July 30, 2013
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[PROPOSED] FINAL JUDGMENT
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THIS MATTER is before the Court at the stipulated requested of Plaintiff
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Endurance American Specialty Insurance Company (“Endurance”) and Defendant
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Hamilton Brewart Insurance Agency LLC (“HBIA”).
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This Court previously entered the following:
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1.
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On January 29, 2013, a Default by Clerk was entered as to Derek
Brewart, as Trustee of the Hamilton Brewart Trust (Docket No. 59).
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On April 18, 2013, this Court granted Endurance’s Motion for Summary
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Judgment against Defendants Derek Brewart, individually, and as Trustee of the
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Hamilton Brewart Trust (Docket No. 106).
Endurance and HBIA, pursuant to Federal Rule Civil Procedure 41(a)(1)(A)(ii), the
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Locke Lord LLP
In light of the Court’s rulings and a settlement entered into by and between
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300 South Grand Avenue, Suite 2600
Los Angeles, CA, 90071-3119
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following matters have been dismissed with prejudice by Stipulation:
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3.
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THEREFORE, IT IS HEREBY ORDERED and ADJUDGED as follows:
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1.
HBIA’s Counter-claim as against Endurance (Docket No. 57).
Judgment is entered in favor of Endurance against Defendants Derek
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Brewart, individually and as Trustee of the Hamilton Brewart Trust, on
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the grounds set forth in the Court’s April 18, 2013 Order (Docket No.
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106), which Order is incorporated herein by reference as though fully set
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forth;
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2.
The Professional Liability Insurance Policy, Number PPL 10002126201
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that Endurance issued to Hamilton Brewart Insurance Agency LLC for
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the Policy Period of July 1, 2011 to July 1, 2012 is rescinded and is
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rendered void ab initio.
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3.
The Professional Liability Insurance Policy, Number PPL 10002126202
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that Endurance issued to Hamilton Brewart Insurance Agency LLC for
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the Policy Period of July 1, 2012 to July 1, 2013 is rescinded and is
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rendered void ab initio.
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FINAL JUDGMENT
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Judgment is further entered in accordance with the Stipulation of
Dismissal concurrently filed with this Court;
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This action is dismissed with prejudice, in its entirety, with all parties
bearing their own attorneys’ fees and costs.
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IT IS SO ORDERED.
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Dated: June 10, 2013
HON. JOHN F. WALTER
UNITED STATES DISTRICT COURT JUDGE
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Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, CA, 90071-3119
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LA 762575v.3
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FINAL JUDGMENT
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