First Professionals Insurance Company, Inc. v. Florendo et al

Filing 70

ORDER DISMISSING CASE. Following a jury verdict, the Court finds that plaintiff owes defendant a duty to defend and insure in the underlying suit. Signed by Chief Judge David R. Herndon on 3/6/2013. (kar)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FIRST PROFESSIONALS
INSURANCE COMPANY,
Plaintiff,
v.
OSCAR F. FLORENDO, M.D.;
OSBEC MEDICAL OF SOUTHERN
ILLINOIS, LLC; WAL-MART STORES, INC.;
and KARA MANLEY, Adm. of the Estate of
Gary W. Manley, deceased,
Defendants.

No. 11-cv-00197-DRH
ORDER

HERNDON, Chief Judge:
Pending before this Court is plaintiff First Professionals Insurance
Company (“FPIC”)’s complaint for declaratory judgment (Doc. 2). In accordance
with the verdict of the jury, the Court DENIES plaintiff’s complaint for declaratory
judgment, finding that plaintiff owes defendant, Dr. Oscar Florendo, a duty to
defend and insure in the underlying suit.
IT IS SO ORDERED.
Signed this 6th day of March, 2013.

Digitally signed
by David R.
Herndon
Date: 2013.03.06
16:36:27 -06'00'
Chief Judge
United States District Court