Carolina Casualty Insurance Company v. Capital Trucking, Inc. et al

Filing 116

CLERK'S JUDGMENT re: 115 Order on Motion for Summary Judgment, Order on Motion to Dismiss, in favor of Carolina Casualty Insurance Company, Diane C Anderson, Robert G. Anderson against Imperium Insurance Company, Capital Trucking, Inc. I t is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated March 5, 2021, Carolina's motion for summary judgment is GRANTED as to its first cause of action and DENIED as to its second cau se of action. The Andersons' motion for summary judgment is GRANTED to the extent that the Court determines that Carolina's MCS-90 endorsement applies to the underlying accident, and Carolina would be obligated under the endorsement to sati sfy any money judgment against Capital Trucking obtained by the Andersons up to $750,000. The Andersons' motion is DENIED in all Other respects. Carolina's and Imperium's motions to dismiss the Andersons' fourth, fifth, and Sixth causes of action are GRANTED; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 3/5/2021) (Attachments: # 1 Notice of Right to Appeal) (dt)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Carolina Casualty Insurance Company,
Plaintiff,
-against-

18 CIVIL 10871 (PED)

JUDGMENT
Capital Trucking, Inc., Robert G. Anderson,
Diane C. Anderson,
Defendants.
-----------------------------------------------------------X
Robert G. Anderson, Diane C. Anderson,
Counterclaim Plaintiffs,
-against-

Carolina Casualty Insurance Company &
Imperium Insurance Company, f/k/a Delos
Insurance Company,
Counterclaim Defendants.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Decision and Order dated March 5, 2021, Carolina’s motion for summary
judgment is GRANTED as to its first cause of action and DENIED as to its second cause of
action. The Andersons’ motion for summary judgment is GRANTED to the extent that the Court
determines that Carolina’s MCS-90 endorsement applies to the underlying accident, and Carolina
would be obligated under the endorsement to satisfy any money judgment against Capital
Trucking obtained by the Andersons up to $750,000. The Andersons’ motion is DENIED in all
Other respects. Carolina’s and Imperium’s motions to dismiss the Andersons’ fourth, fifth, and
Sixth causes of action are GRANTED; accordingly, this case is closed.

Dated: New York, New York
March 5, 2021

RUBY J. KRAJICK
_________________________
Clerk of Court
BY:
_________________________
Deputy Clerk