Progressive Select Insurance Company, an Ohio corporation v. Rafferty et al

Filing 50

ORDER adopting 48 REPORT AND RECOMMENDATIONS re 44 MOTION for Default Judgment against Patrick Jay Rafferty filed by Progressive Select Insurance Company. The Clerk is DIRECTED to enter judgment in favor of Plaintiff Progressive Select Insurance Company and against Defendants Patrick Jay Rafferty and Stephanie Alexandra Simich, terminate all pending motions, and close the case. Signed by Judge Roy B. Dalton, Jr. on 2/16/2021. (BIA)

Case 6:19-cv-00566-RBD-EJK Document 50 Filed 02/16/21 Page 1 of 3 PageID 506

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

Case No. 6:19-cv-566-RBD-EJK

PATRICK JAY RAFFERTY; and
STEPHANIE ALEXANDRA SIMICH,
Defendants.
_____________________________________
ORDER
Plaintiff initiated this declaratory judgment action against Defendants to resolve
an insurance coverage dispute. (Doc. 1.) Now Plaintiff moves for default judgment
against Defendant Patrick Jay Rafferty. 1 (Doc. 44 (“Motion”).) On referral, U.S.
Magistrate Judge Embry J. Kidd recommends the Court grant the Motion. (Doc. 48
(“R&R”).)
The parties did not object to the R&R, and the time for doing so has now passed.
(See Doc. 49.) 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

Defendant Stephanie Alexandra Simich answered Plaintiff’s complaint and on
summary judgment, the Court found in favor of Plaintiff. (Docs. 12, 42.) The Court
deferred entering final judgment against Ms. Simich until the action was resolved against
Mr. Rafferty. (Doc. 42, pp. 13–14.) So here, the Court enters final judgment against Ms.
Simich.
1

Case 6:19-cv-00566-RBD-EJK Document 50 Filed 02/16/21 Page 2 of 3 PageID 507

error, the Court adopts the R&R in its entirety.
It is ORDERED AND ADJUDGED:
1.

U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation
(Doc. 48) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Plaintiff’s Motion for Default Judgment (Doc. 44) is GRANTED.

3.

The Court DECLARES:
a.

The automobile insurance policy Plaintiff issued to Donald Rafferty
does not provide bodily injury liability coverage to Defendant
Patrick Jay Rafferty as a result of the car accident he was involved in
on November 5, 2017;

b.

Plaintiff has no duty to indemnify Defendant Patrick Jay Rafferty for
any damages being claimed by Defendant Stephanie Alexandra
Simich related to the November 5, 2017 car accident; and

c.

Should a lawsuit be brought by Defendant Stephanie Alexandra
Simich for her damages as a result of the car accident, Plaintiff has
no duty to defend Defendant Patrick Jay Raffery in that lawsuit.

4.

The Clerk is DIRECTED to enter judgment in favor of Plaintiff Progressive
Select Insurance Company and against Defendants Patrick Jay Rafferty and
Stephanie Alexandra Simich, terminate all pending motions, and close the
case.

DONE AND ORDERED in Chambers in Orlando, Florida, on February 16, 2021.

Case 6:19-cv-00566-RBD-EJK Document 50 Filed 02/16/21 Page 3 of 3 PageID 508

Copies to:
Counsel of Record
Defendant Patrick Jay Rafferty