AMERICAN FAMILY MUTUAL INSURANCE COMPANY v. BETTS et al

Filing 78

CLOSED JUDGMENT pursuant to FRCP 58. Signed by Judge Tanya Walton Pratt on 12/10/2013 (copies mailed to Colin Betts, Jill Betts, and Joseph Weidhaas)(CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

AMERICAN FAMILY MUTUAL
INSURANCE COMPANY,
Plaintiff,
vs.
COLIN M. BETTS,
JILL BETTS,
USAA,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

No. 1:10-cv-00571-TWP-DKL

FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58
For the reasons detailed in the Court’s Entry, the Court now enters FINAL JUDGMENT
in this action in favor of Plaintiff, American Family Mutual Insurance Company, and against
Defendants, Colin M. Betts, Jill Betts, and USAA. The Court enters declaratory judgment as
follows:
(1) That the American Family Mutual Insurance Company policy issued to Andrew Betts,
policy number 0816-6572-02-83-FPPA-IN, excludes and does not cover Colin Betts for
any liability claims arising out of the accident occurring on October 22, 2007 in Cole,
Oklahoma and/or the lawsuit filed in Oklahoma by Jill Betts against Colin Betts under
cause number CJ-09-703;
(2) That American Family Mutual Insurance Company has no obligation to defend or
indemnify Colin Betts against any claims arising out of the accident occurring on October
22, 2007 in Cole, Oklahoma and/or the lawsuit filed in Oklahoma by Jill Betts against
Colin Betts under cause number CJ-09-703;

(3) That American Family Mutual Insurance Company has no obligation to compromise
or settle any claim arising out of the accident occurring on October 22, 2007 in Cole,
Oklahoma and/or the lawsuit filed in Oklahoma by Jill Betts against Colin Betts under
cause number CJ-09-703;
(4) That American Family Mutual Insurance Company has no obligation to pay or satisfy,
in whole or in part, any judgment that may be rendered against Colin Betts in any action
brought against him arising out of the accident occurring on October 22, 2007 in Cole,
Oklahoma and/or the lawsuit filed in Oklahoma by Jill Betts against Colin Betts under
cause number CJ-09-703;
(5) That the American Family Mutual Insurance Company policy issued to Andrew Betts,
policy number 0816-6572-02-83-FPPA-IN, excludes and does not cover Jill Betts for any
uninsured motorist claims arising out of the accident occurring on October 22, 2007 in
Cole, Oklahoma and/or the lawsuit filed in Oklahoma by Jill Betts against Colin Betts
under cause number CJ-09-703;
(6) That Collin Betts breached the terms and conditions of the American Family Mutual
Insurance Company policy issued to Andrew Betts, policy number 0816-6572-02-83FPPA-IN, such that American Family Mutual Insurance Company is excused from any
performance under that policy and will not be required to provide any coverage to Jill
Betts and/or Colin Betts for any claims arising out of the accident occurring on October
22, 2007 in Cole, Oklahoma and/or the lawsuit filed in Oklahoma by Jill Betts against
Colin Betts under cause number CJ-09-703.

SO ORDERED.
Dated: 12/10/2013

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Laura A. Briggs, Clerk of Court
By: _____________________________
Deputy Clerk

Distribution:
COLIN M. BETTS
2417 W. Bethel Ave., Apt. 15
Muncie, IN 47304
JILL BETTS
2417 West Bethel Ave., Apt. 15
Muncie, IN 47304
Joseph M. Weidhaas
JOHNSON, VORHEES & MARTUCCI
510 West 6th Street
Joplin, MO 64801
Robert Scott O’Dell
O’DELL & ASSOCIATES, P.C.
[e-mail]