Ellies Village, Inc. v. Westchester Surplus Lines Insurance Company

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 15 Motion for Judgment on the Pleadings filed by Westchester Surplus Lines Insurance Company, 19 Report and Recommendations, Granting 15 Motion for Judgment on the Pleadings; Adopting 19 Rep ort and Recommendations on 15 Motion for Judgment on the Pleadings filed by Westchester Surplus Lines Insurance Company, 19 Report and Recommendations. Certificate of Appealability: No Ruling Signed by Judge Kathleen M. Williams on 9/19/2022. See attached document for full details. (nan)

Case 1:22-cv-21001-KMW Document 20 Entered on FLSD Docket 09/19/2022 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-CV-21001-WILLIAMS
ELLIES VILLAGE, INC.,
Plaintiff,
v.
WESTCHESTER SURPLUS LINES
INSURANCE COMPANY,
Defendant.
__________________________________/
ORDER
THIS MATTER is before the Court on Magistrate Judge Chris M. McAliley’s
Report and Recommendation (“Report”) (DE 19) on the Motion for Partial Judgment on
the Pleadings (“Motion”) filed by Defendant (DE 15), to which Plaintiff did not respond.
No objections were filed to the Report, which recommends the Court grant Defendant’s
Motion “and limit the amount of potentially recoverable compensatory damages to
$100,000.00, which is the maximum amount of Contents/Business Personal Property
coverage available under the insurance policy at issue.” (DE 19 at 3.) Upon a careful
review of the Report, the Motion, and the record, it is ORDERED AND ADJUDGED that:
1. Judge McAliley’s Report (DE 19) is AFFIRMED AND ADOPTED.
2. Defendant’s Motion (DE 15) is GRANTED.
3. The amount of potentially recoverable compensatory damages is LIMITED to
$100,000.00 (one-hundred thousand USD), which is the maximum amount of
Contents/Business Personal Property coverage available under the insurance

Page 1 of 2

Case 1:22-cv-21001-KMW Document 20 Entered on FLSD Docket 09/19/2022 Page 2 of 2

policy at issue, absent any potential recovery for any interest, costs, or
attorneys’ fees.
DONE AND ORDERED in Chambers in Miami, Florida, this 19th day of
September, 2022.

Page 2 of 2