MAHER v. Selective Insurance Company of South Carolina et al

Filing 31

MEMORANDUM AND ORDER GRANTING DEFENDANT FEDERATED SERVICE INSURANCE COMPANYS MOTION TO ALTER OR AMEND JUDGMENT (Doc. 27). Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIAM LEE MAHER and,
SELECTIVE INSURANCE COMPANY
OF SOUTH CAROLINA
Plaintiffs,
v.

Case No. 15-10790

FEDERATED SERVICE INSURANCE,
COMPANY, AON AUTOMOTIVE GROUP, INC.
d/b/a BROOKLYN FORD and MELISSA STRANG,

HON. AVERN COHN

Defendants.
______________________________________/
MEMORANDUM AND ORDER GRANTING DEFENDANT FEDERATED SERVICE
INSURANCE COMPANY’S MOTION TO ALTER OR AMEND JUDGMENT (Doc. 27)
This is a dispute between insurance companies. On October 26, 2015, the Court
entered a Memorandum and Order Granting Plaintiffs’ Motion for Judgment on the
Pleadings (Doc. 25). The Memorandum and Order stated:
(1) Federated is obligated to provide Maher’s primary defense in the underlying
case;
(2) Federated has the primary duty to indemnify Maher up to the limits of the policy
issued to Brooklyn Ford that was in effect at the time of the underlying accident;
(3) Federated is obligated and has a duty to reimburse Selective for the defense
costs it incurred in the defense of the claim asserted against Maher in the
underlying case.
That same day, the Court entered a Judgment closing the case. (Doc. 26). The
Judgment stated: “For the reasons stated in the Memorandum and Order on October
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26, 2015, Plaintiff’s Motion for Judgment on the Pleadings is granted and this case is
now closed.” Id.
On November 23, 2015, Defendant Federated Service Insurance Company filed
a Motion to Alter or Amend Judgment. (Doc. 27). Defendant’s motion requested that
that the Court either (1) alter the order and judgment to reflect that they are limited to
Federated’s primary policy – the only policy at issue in the pleadings; or (2) withdraw
the order and judgment to permit the parties to amend the pleadings and address
coverage issues under Federated’s umbrella policy. In response, Plaintiffs had no
objection to asking the Court to amend the order and judgment to reflect that they apply
only to Federated’s primary policy. (Doc. 30).
Accordingly, Defendant’s Motion to Alter or Amend the Judgment is GRANTED.
The Court AMENDS its order and judgment to reflect that they apply only to Federated’s
primary policy.
SO ORDERED.
s/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: January 25, 2016
Detroit, Michigan

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