Continental Casualty Company v. Jones et al

Filing 239

ORDER granting 237 Motion to Dismiss and for Entry of Judgment. Signed by Honorable Joseph F Anderson, Jr on 05/29/2012.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
)
CONTINENTAL CASUALTY
COMPANY,
Plaintiff,
vs.

Civil Action No.: 3:09-cv-01004-JFA

JAMES R. JONES, II, ET AL.,
Defendants.

ORDER
Upon consideration of the Motion for Dismissal and Entry of Judgment by plaintiff
Continental Casualty Company, it is ORDERED AND ADJUDGED that:
(1)

Judgment is hereby entered in favor of plaintiff Continental Casualty Company
with respect to the rescission of the lawyers professional liability policy issued by
Continental Casualty Company;

(2)

Judgment is hereby entered in favor of plaintiff Continental Casualty Company
and against Defendants Eric Youngblood (as trustee of the D.C. Sheppard Trust)
and Dana C. Sheppard (individually and as natural guardian of S.S., a minor) with
respect to coverage for the underlying litigation captioned Youngblood v. James
R. Jones, No. 2008-CP-4006774 (Ct. Com. Pl. for Richland County, S.C.) under
the accountants professional liability policies issued by Continental Casualty
Company.

(3)

In light of the settlement between Plaintiff Continental Casualty Company
(“Continental”) and Defendants David S. Johnson, Catherine Johnson and Shell
Suber (together, the “Johnson/Suber Defendants”) the claims between
Continental, the Leitner Defendants and the Johnson/Suber Defendants are
dismissed with prejudice as settled, each party to bear its own fees and costs.

IT IS SO ORDERED.
May 29, 2012
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge