Hiscox Insurance Company, Inc. v. Revive Athletics, Inc.

Filing 17

ORDER adopting 16 REPORT AND RECOMMENDATIONS re 13 MOTION for default judgment against Revive Athletics, Inc. filed by Hiscox Insurance Company, Inc. The Motion for Default Against Defendant Revive Athletics, Inc. (Doc. 13) is GRANTED IN PART AND DENIED IN PART. The Clerk is DIRECTED to issue a declaratory judgment accordingly and close the file. Signed by Judge Paul G. Byron on 5/11/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

HISCOX INSURANCE COMPANY,
INC.,
Plaintiff,
v.

Case No: 6:16-cv-426-Orl-40GJK

REVIVE ATHLETICS, INC.,
Defendant.
/
ORDER
This cause is before the Court on Plaintiff's Motion for Default Against Defendant
Revive Athletics, Inc. (Doc. 13) filed on January 11, 2017. The United States Magistrate
Judge has submitted a report recommending that the motion be granted in part and
denied in part.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed April 18, 2017 (Doc. 16), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Motion for Default Against Defendant Revive Athletics, Inc. (Doc. 13) is

GRANTED IN PART AND DENIED IN PART.
3.

The Court FINDS that the Commercial General Liability Policy (UDC-

1644906-CGL-15) and the Professional Liability Policy (UDC-1644906-EO-15) do not

provide coverage for the loss referred to in Defendant’s loss notification form attached to
the Amended Complaint as Doc. 6-9.
4.

The motion is otherwise DENIED.

5.

The Clerk is DIRECTED to issue a declaratory judgment accordingly and

close the file.
DONE AND ORDERED in Orlando, Florida on May 11, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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