The Hammocks LLC v. Harleysville Mutual Insurance Company

Filing 116

JUDGMENT in favor of Harleysville Mutual Insurance Company against The Hammocks LLC. Signed by District Judge Martin Reidinger on 12/11/12. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10-cv-00022-MR-DLH

THE HAMMOCKS, LLC d/b/a
Richmond Hill Inn,

)
)
)
Plaintiff,
)
)
vs.
)
)
)
HARLEYSVILLE MUTUAL
)
INSURANCE COMPANY,
)
)
Defendant.
)
_______________________________ )

JUDGMENT
THIS MATTER came on for trial and was heard by the undersigned
judge, and a jury was duly empaneled and has answered the issues
presented as follows:
1.

Did the plaintiff in applying for the insurance policy willfully
make one or more representations that were both false
and material?
ANSWER: NO

2.

Did the plaintiff intentionally participate in the burning of
the Richmond Hill Inn Mansion?
ANSWER: YES

Based on the foregoing facts as found by the jury, the Court
concludes as a matter of law that the Defendant has no duty to provide
coverage for the claim of loss tendered by the Plaintiff and that the
insurance policy at issue is null and void, under the terms and conditions of
the policy, as a result of the Plaintiff’s intentional participation of the burning
of the insured property.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that
the Defendant’s

counterclaim

for declaratory judgment is

hereby

GRANTED, and the Defendant is entitled to a declaration that the
Defendant has no duty to provide coverage for the claim of loss tendered
by the Plaintiff and that the insurance policy at issue is null and void, under
the terms and conditions of the policy, as a result of the Plaintiff’s
intentional participation of the burning of the insured property.
IT IS FURTHER ORDERED that the Plaintiff shall recover nothing
from the Defendant in the form of damages.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
Plaintiff’s action is hereby DISMISSED WITH PREJUDICE in its entirety,
and the Defendant shall recover its costs of the action from the Plaintiff.
Signed: December 11, 2012

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