Progressive Express Insurance Company v. H&C Florida Trucking, Inc. et al

Filing 36

ORDER adopting 35 REPORT AND RECOMMENDATIONS re 29 MOTION for default judgment against All Defendants filed by Progressive Express Insurance Company. The Clerk is DIRECTED to enter judgment in favor of Plaintiff Progressive Express Insurance Company and against all Defendants; and close the file. Signed by Judge Roy B. Dalton, Jr. on 9/20/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PROGRESSIVE EXPRESS INSURANCE
COMPANY,
Plaintiff,
v.

Case No. 6:18-cv-165-Orl-37KRS

H&C FLORIDA TRUCKING, INC.;
YOANDY CARRASCO; and THE
ESTATE OF CARLOS ORLANDO
CRUZ,
Defendants.
_____________________________________
ORDER
Plaintiff Progressive Express Insurance Company (“Progressive”) filed this action
seeking declaratory judgment regarding its duties as the insurer of a truck involved in a
fatal accident. (See Doc. 7.) Specifically, Progressive seeks a declaration that: (1) the policy
does not provide bodily injury liability coverage to the truck owner or driver as a result
of the accident; (2) Progressive has no duty to indemnify the truck owner or driver for
any damages claimed by the deceased’s estate; and (3) Progressive has no duty to defend
the truck owner or driver if the deceased’s estate files a lawsuit for damages. (See id.)
Each Defendant failed to appear, so Progressive successfully obtained entries of
default against them. (Docs. 19, 20, 28.) Now, Progressive requests default judgment
against Defendants. (See Doc. 29 (“Motion”).) On referral, U.S. Magistrate Judge Karla R.
Spaulding recommends that the Court grant the Motion, as under the policy Progressive
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has no duty to indemnify the truck owner or driver for damages arising from the incident
because the driver was excluded under the policy. (Doc. 35 (“R&R”).)
The parties did not object to the R&R, and the time for doing so has now passed.
As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo
Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan 28, 2016); see
also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the
Court finds that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Karla R. Spaulding’s Report and Recommendation
(Doc. 35) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Plaintiff’s Motion for Default Judgment (Doc. 29) is GRANTED.

3.

The Court finds that Plaintiff Progressive Express Insurance Company
owes no duty to indemnify H&C Florida Trucking, Inc. or Yoandy Carrasco
under the policy for bodily injury damages arising from the death of Carlos
Orlando Cruz when he was struck by the Volvo VNL Truck driven by Mr.
Carrasco, an excluded driver.

4.

The Clerk is DIRECTED to:
a. Enter judgment in favor of Plaintiff Progressive Express Insurance
Company and against all Defendants; and
b. Close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 20, 2018.

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Copies to:
Counsel of Record

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