GEICO Casualty Company

Filing 15

ORDER granting 12 Plaintiff's Motion for Default Judgment against Russell Holt and Tabitha Holt. Signed by Judge James L. Graham on 7/14/17. (sem)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Geico Casualty Company,
Plaintiff,
v.

Case No. 2:16-cv-1204

Russell Holt, et al.,
Defendants.
ORDER
This matter is before the court on plaintiff’s motion for
default judgment against defendants Russell Holt and Tabitha Holt.
An entry of default was filed in this case on June 6, 2017, as to
these defendants.

On June 14, 2017, plaintiff filed a motion for

default judgment against these defendants and served them with a
copy of the motion.

These defendants have not responded to the

motion.
Plaintiff’s motion for default judgment (Doc. 12) is granted,
and

plaintiff

Russell

Holt

is

granted

and

Tabitha

default
Holt

on

judgment

against

plaintiff’s

defendants

complaint

for

declaratory judgment. The clerk shall enter judgment declaring the
following:
1.

Ohio
contract
law
applies
to
the
interpretation
or
adjudication
of
any
contractual dispute arising with reference to
the GEICO Ohio Family Automobile Insurance
Policy issued to defendants Russell Holt and
Tabitha Holt;

2.

Neither the 2009 Ford Focus nor the 2009 Volvo
Conventional involved in the January 31, 2016,
motor vehicle accident resulting in the death
of Brandan Ray Sutherland meet the definition
of either an “uninsured” or “underinsured”
motor vehicle pursuant to the GEICO Ohio

Family Automobile Insurance Polic issued to
defendants Holt;
3.

Stacking of uninsured and/or underinsured
motorist coverage is barred by Ohio law and
the plain and unambiguous language of the
GEICO Ohio Family Automobile Insurance Policy
issued to defendants Holt;

4.

The amount payable, if any, pursuant to the
uninsured
and/or
underinsured
motorist
provisions of the GEICO Ohio Family Automobile
Insurance Policy issued to defendants Russell
Holt and Tabitha Holt is reduced by all
amounts paid, or payable in the future, by and
for all persons liable for injuries sustained
by defendants Holt and the Estate of Brandan
Ray Sutherland; and

5.

Neither uninsured nor underinsured motorist
coverage is available in relation to Brandon
Ray Sutherland’s death, under the plain and
unambiguous language of the subject GEICO Ohio
Family Automobile Insurance Policy.

It is so ordered.

Date: July 14, 2017

s/James L. Graham
James L. Graham
United States District Judge