American National General Insurance Company v. Brooks et al

Filing 28

JUDGMENT in favor of American National General Insurance Company against Ashley L. Brooks re: 27 Order on Motion for Default Judgment, Order on Report and Recommendations. by Clerk on 12/1/15. (pglov)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Civil Action No. 15-cv-00730-MSK-KLM
AMERICAN NATIONAL GENERAL INSURANCE COMPANY, a Missouri corporation,
Plaintiff,
v.
ASHLEY L. BROOKS,
Defendant.

FINAL JUDGMENT

In accordance with orders filed during the pendency of this case, and pursuant to Fed. R.
Civ. P 58(a) the following Final Judgment is hereby entered.
Pursuant to the Electronic Text Order by Chief Judge Marcia S. Krieger (Doc. #27) filed
on December 1, 2015, adopting the recommendation issued by the Magistrate Judge (Doc. #26)
granting the Motion for Default Judgment (Doc. #20); it is
ORDERED that:
The Recommendation of Magistrate Judge Mix (Doc. #26) is ADOPTED in accordance
with (Doc. #27). Declaratory Judgment is entered in favor of plaintiff and against defendant as
follows:
(1) The 2006 Mazda 3 involved in the January 13, 2013 accident at issue in the
November 18, 2014 lawsuit filed in El Paso County District Court in the State of
Colorado by Walter Banzhaf and Maurine Rose Banzhaf, as surviving parents of
Katherine Rose Banzhaf, against Ashley L. Brooks, was not insured under American
National General Insurance Company’s automobile policy number 05-S-078-51L-2.

(2) There is no liability coverage under the aforementioned policy for bodily injury or
property damage claimed in the aforementioned lawsuit.
(3) American National General Insurance Company does not have a duty to defend
Ashley L. Brooks in the aforementioned lawsuit.
The case will be closed.
Dated this 1st day December, 2015.
ENTERED FOR THE COURT:
JEFFREY P. COLWELL, CLERK

s/Patricia Glover
Deputy Clerk