Progressive Direct Insurance Company et al v. Ceron et al

Filing 37

DEFAULT JUDGMENT against Defendant Keating-Frizzell. IT IS HEREBY ORDERED that 32 Progressive's application for entry of default judgment is GRANTED. Signed by Judge Andrew P. Gordon on 4/5/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PROGRESSIVE DIRECT INSURANCE
CO., et al.,
Plaintiff(s),

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v.
DANIEL CERON, et al.,

Case No. 2:16-cv-01265-APG-PAL
DEFAULT JUDGMENT AGAINST
DEFENDANT KEATING-FRIZZELL
(ECF NO. 32)

Defendant(s).

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Plaintiffs PROGRESSIVE DIRECT INSURANCE COMPANY and PROGRESSIVE

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NORTHERN INSURANCE COMPANY (collectively “Progressive”) filed their motion for entry

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of default judgment as to Colleen Keating-Frizzell. ECF No. 32. I have considered all applicable

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papers and pleadings on file, and I find that the factors set forth in Eitel v. McCool, 782 F.2d 1470

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(9th Cir. 1986) favor entry of default judgment in favor of Progressive.

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IT IS HEREBY ORDERED that Progressive’s application for entry of default judgment
(ECF No. 32) is GRANTED. I declare that:
Defendant Colleen Keating-Frizzell’s policy with Progressive was void ab initio as a
result of misrepresentations by Ms. Keating-Frizzell at the time of application.
Progressive is, therefore, not bound by the policy or law to defend or indemnify Ms.
Keating-Frizzell under the policy.
DATED this 5th day of April, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE