United Fire & Casualty Company v. Roxana Landfill, Inc. et al

Filing 119

CLERK'S JUDGMENT (NJR/bkl) in favor of United Fire & Casualty Company against Allied Waste Transportation, Inc. on Count I; in favor of United Fire & Casualty Company against Roxana Landfill, Inc. in the amount of $250,334.02 on Counts I I and III. Defendants Theims Construction Company, Inc. and James C. Fowler are interested parties bound by this judgment. See order for further specifics. The third-party claim by Roxana Landfill, Inc. against third-party defendants Terry Thiems and Tad Thiems is dismissed without prejudice. Approved by Judge J. Phil Gilbert on 5/31/13. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED FIRE & CASUALTY COMPANY,
Plaintiff,
v.

Case No. 11-cv-470-JPG-PMF

THIEMS CONSTRUCTION COMPANY, INC.,
ALLIED WASTE TRANSPORTATION, INC., and
JAMES C. FOWLER,
Defendants,
and
ROXANA LANDFILL, INC.,
Defendant/Third-Party Plaintiff
v.
TERRY THIEMS and TAD THIEMS,
Third-Party Defendants.
JUDGMENT
This matter having come before the Court, the issues having been heard, and the Court
having rendered a decision as to some issues and the parties having stipulated to the resolution of
others,
IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered in favor of
plaintiff United Fire & Casualty Company and against defendant Allied Waste Transportation,
Inc. on Count I;
IT IS HEREBY ORDERED AND ADJUDGED that judgment in the amount of
$250,334.02 is entered in favor of plaintiff United Fire & Casualty Company and against
defendant Roxana Landfill, Inc. on Counts II and III;
IT IS FURTHER ORDERED AND ADJUDGED that defendants Thiems Construction
Company, Inc. and James C. Fowler are interested parties bound by this judgment;

IT IS FURTHER DECLARED:
CGL Insurance Policy No. 60057489 issued by plaintiff United Fire &
Casualty Company to defendant Thiems Construction Company, Inc. does
not afford coverage to defendant Roxana Landfill Inc. or to defendant
Allied Waste Transportation, Inc. for the events that serve as the basis for
the claims brought in Fowler v. Thiems, No. 09-L-922, filed in the Circuit
Court for the Third Judicial Circuit, Madison County, Illinois; and
Plaintiff United Fire & Casualty Company owes no duty to defend or to
indemnify defendant Roxana Landfill Inc. or defendant Allied Waste
Transportation, Inc. against any of the claims brought in Fowler v. Thiems,
No. 09-L-922, filed in the Circuit Court for the Third Judicial Circuit,
Madison County, Illinois; and
IT IS FURTHER ORDERED AND ADJUDGED that the third-party claim by Roxana
Landfill, Inc. against third-party defendants Terry Thiems and Tad Thiems is dismissed without
prejudice.
DATED: May 31, 2013

NANCY J. ROSENSTENGEL, Clerk of Court
s/Brenda K. Lowe, Deputy Clerk

Approved:

s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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