Scottsdale Insurance Company v. Burks et al

Filing 56

CLERK'S JUDGMENT. Approved by Judge J. Phil Gilbert on 1/4/2021. (jdh)

Case 3:17-cv-00668-JPG Document 56 Filed 01/04/21 Page 1 of 1 Page ID #392

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SCOTTSDALE INSURANCE COMPANY,
Plaintiff,
v.

Case No. 17-cv-668-JPG

JAMES BURKS, individually and d/b/a Burks
Hardwood Lumber, and ROBERT WHITE,
Defendants.
JUDGMENT
This matter having come before the Court, the issues having been heard, and the Court
having rendered a decision,
IT IS HEREBY ORDERED AND ADJUDGED that judgment on Counts III and IV is
entered in favor of plaintiff Scottsdale Insurance Company and against defendants James Burks
d/b/a Burks Hardwood Lumber and Robert White;
IT IS FURTHER ORDERED AND ADJUDGED that the alternative claims in Counts I
and II are dismissed without prejudice in light of entry of judgment on Counts III and VI; and
IT IS HEREBY DECLARED that:
Under Commercial General Liability Policy No. CPS2152497, plaintiff
Scottsdale Insurance Company has no duty to defend or indemnify its insured,
defendant James Burks d/b/a Burks Hardwood Lumber, in the underlying
lawsuit, Robert White v. James Burks, No. 2017-L-11, brought by defendant
Robert White in the Circuit Court for the Fourth Judicial Circuit, Marion
County, Illinois.

DATED: January 4, 2021
MARGARET M. ROBERTIE, Clerk of Court
s/ Tina Gray, Deputy Clerk
Approved:

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