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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 PROGRESSIVE DIRECT INSURANCE CO., et al., Plaintiff(s), 6 7 8 9 v. DANIEL CERON, et al., Case No. 2:16-cv-01265-APG-PAL DEFAULT JUDGMENT AGAINST DEFENDANT KEATING-FRIZZELL (ECF NO. 32) Defendant(s). 10 11 Plaintiffs PROGRESSIVE DIRECT INSURANCE COMPANY and PROGRESSIVE 12 NORTHERN INSURANCE COMPANY (collectively “Progressive”) filed their motion for entry 13 of default judgment as to Colleen Keating-Frizzell. ECF No. 32. I have considered all applicable 14 papers and pleadings on file, and I find that the factors set forth in Eitel v. McCool, 782 F.2d 1470 15 (9th Cir. 1986) favor entry of default judgment in favor of Progressive. 16 17 18 19 20 21 22 23 24 25 26 27 28 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

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