QBE Specialty Insurance Company

Filing 22

JUDGMENT in favor of QBE Specialty Insurance Company against FSI, Inc. Signed by District Judge Max O. Cogburn, Jr on 5/2/2011. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:09cv435
QBE SPECIALTY INSURANCE
COMPANY,
Plaintiff,
Vs.
FSI, INC.,
Defendant.
______________________________

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JUDGMENT

THIS MATTER having come before the court on plaintiff’s Motion for Judgement on the
Pleadings (#9) and Motion for Summary Judgment (#16), and the court having considered all the
evidence of record and conducted a hearing, as discussed in the Memorandum of Decision filed
simultaneously herewith,

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that plaintiff’s Motion
for Summary Judgment (#16) is GRANTED, plaintiff’s Motion for Judgement on the Pleadings (#9)
is DENIED as moot, the counterclaim is DISMISSED, and JUDGMENT is entered in favor of
plaintiff and against defendant providing the following DECLARATORY JUDGMENT:
as to the loss sustained July 12, 2009, by defendant, to wit, the theft of cargo from
an intermodal container stored on defendant’s premises, coverage is not available for
such loss under policy number QSIGA0001039 issued by plaintiff, and plaintiff is
not obligated to indemnify defendant for its loss and or provide defendant with a
defense under the policy against any potential claims.

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Signed: May 2, 2011

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