Nationwide Property & Casualty Insurance Company v. Polk et al

Filing 78

FINAL JUDGMENT in favor of Nationwide Property & Casualty Insurance Company as to Count 1 of its Complaint for Declaratory Judgment. This civil action is dismissed with prejudice. See Order for details. Signed by District Judge Halil S. Ozerden on 10/23/15. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
NATIONWIDE PROPERTY &
CASUALTY INSURANCE COMPANY
v.
JAMEILYA POLK; FOCUS
CONSTRUCTION, LLC; SEAN
PEDERSON; ABC INDIVIDUALS;
And XYZ ENTITIES

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PLAINTIFF
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§ CIVIL NO.: 1:14cv136-HSO-RHW
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DEFENDANTS
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FINAL JUDGMENT
This matter came on to be heard upon the Motion for (Partial) Judgment on
the Pleadings [41] filed by Plaintiff Nationwide Property & Casualty Insurance
Company. The Court, after a full review and consideration of the pleadings on file,
the record as a whole, and relevant legal authorities, finds that in accord with its
Order entered herewith,
IT IS, THEREFORE, ORDERED AND ADJUDGED, that judgment is
rendered in favor of Plaintiff Nationwide Property & Casualty Insurance Company
as to Count I of its Complaint for Declaratory Judgment [1]. Pursuant to 28 U.S.C.
§ 2201, the Court declares that the terms and conditions of the Nationwide Policy
clearly and unambiguously relieve it of any duty to provide liability coverage,
including defense and/or indemnification, for Defendant Focus Construction, LLC,
for any and all claims made by Defendant Jameilya Polk in the Underlying Action.

IT IS, FURTHER, ORDERED AND ADJUDGED, that this civil action is
DISMISSED WITH PREJUDICE.
SO ORDERED AND ADJUDGED, this the 23rd day of October, 2015.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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