Chartis Property & Casualty Company et al v. Jassy et al

Filing 29

ORDER: Defendants' Motion for Partial Stay 28 is GRANTED. This action is stayed as to the Plaintiffs' duty to indemnify claims until the resolution of the pending state court action. The parties shall file a motion to lift the stay and attach a final judgment order upon resolution of the state court action. The parties shall proceed, however, on the duty to defend claims. Signed by Judge James S. Moody, Jr on 1/30/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CHARTIS PROPERTY & CASUALTY
COMPANY, et al.,
Plaintiffs,
v.

Case No. 8:12-cv-2087-T-30MAP

JOHN D. JASSY, et al.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Defendants John D. Jassy’s and Karen
K. Jassy’s Unopposed Motion for Partial Stay (Dkt. 28). The Court, having reviewed the
motion and being otherwise advised in the premises, concludes the motion for partial stay
should be granted.
Plaintiffs Chartis Property & Casualty Company and American Home Assurance
Company seek declaratory relief as to their duty to defend and their duty to indemnify
Defendants as related to an underlying state court action. As Defendants explained in their
motion, the duty to defend is determined solely by the allegations in the underlying state
court complaint, whereas the duty to indemnify depends upon the outcome of the underlying
state court action. Accordingly, any declaration as to the duty to indemnify is premature until
the resolution of the underlying claim. Therefore, the Court grants the Jassys’ motion for a

partial stay in the present action as to the Plaintiffs’ duty to indemnify claims. The parties
shall proceed, however, on the duty to defend claims.
It is therefore ORDERED AND ADJUDGED that:
1.

Defendants John D. Jassy’s and Karen K. Jassy’s Unopposed Motion for
Partial Stay (Dkt. 28) is GRANTED.

2.

This action is stayed as to the Plaintiffs’ duty to indemnify claims until the
resolution of the pending state court action.

3.

The parties shall file a motion to lift the stay and attach a final judgment order
upon resolution of the state court action.

DONE and ORDERED in Tampa, Florida on January 30, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2012\12-cv-2087.staydutyindemnify.frm

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