Titan Indemnity Company v. JEM et al

Filing 29

ORDER granting 28 Motion for Default Judgment. It is hereby ordered and declared that the Titan Policy does not provide liability coverage for any bodily injuries or property damage arising out of the June 4, 2016 accident and that Titan has no obligation to pay, indemnify, defend, or otherwise perform under that policy for any and all claims arising out of the June 4, 2016 accident. The parties shall be responsible for their respective attorney's fees, court costs, and expenses of the litigation. Signed by the Honorable R Bryan Harwell on 08/10/2018. (lsut, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
CASE NUMBER: 4:17-cv-02475-RBH
Titan Indemnity Company,
Plaintiff,
v.
Wade Morris, M.C., K.R.M., deceased, T.W.,
and Samuel L. Floyd, as Guardian ad Litem for
minors J.E.M, J.C., L.M., and K.M.,

CONSENT ORDER FOR JUDGMENT IN
FAVOR OF PLAINTIFF

Defendants.
This matter is before the Court upon Plaintiff Titan Indemnity Company’s (“Titan”) and
the Minor Defendants’ request for entry of a consent declaratory judgment. Entry of Default
has been entered against Defendant Wade Morris [ECF No. 27]. The remaining Defendants
who join in this consent judgment, by and through their undersigned counsel or Guardian ad
Litem, are J.E.M., J.C., L.M., K.M., M.C., T.W., and K.R.M., deceased (collectively, the
“Minor Defendants”).
On June 4, 2016, the Minor Defendants were involved in a single-vehicle accident
resulting in bodily injuries and property damage. At the time of the accident, unlicensed, minor
J.E.M. was operating a 2004 Chevrolet truck owned by Derrick Pressley. Derrick Pressley is a
relative of Defendant Wade Morris and resided at the same address as Wade Morris.
Plaintiff Titan issued a personal auto policy, Policy No. 010111912, to Wade Morris,
which listed Wade Morris as the only household driver and a 2001 GMC as the insured vehicle
(hereinafter the “Titan Policy”). Plaintiff Titan filed the current declaratory judgment action
seeking a declaration that the Titan Policy did not provide liability coverage for the June 4,
2016 accident.

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Now, Plaintiff Titan, by and through its undersigned counsel, and the Minor
Defendants, by and through their undersigned counsel or Guardian ad Litem, hereby consent to
entry of judgment in favor of Plaintiff Titan declaring that the Titan Policy does not provide
liability coverage for any bodily injuries or property damage arising out of the June 4, 2016
accident and that Titan has no obligation to pay, indemnify, defend, or otherwise perform under
that policy for any and all claims arising out of the June 4, 2016 accident.
IT IS HEREBY ORDERED AND DECLARED that the Titan Policy does not provide
liability coverage for any bodily injuries or property damage arising out of the June 4, 2016
accident and that Titan has no obligation to pay, indemnify, defend, or otherwise perform under
that policy for any and all claims arising out of the June 4, 2016 accident.
The parties shall be responsible for their respective attorney's fees, court costs, and
expenses of the litigation.
August 10, 2018
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

(Signatures on the following page.)

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WE CONSENT:
s/Gene M. Connell_________________
Gene M. Connell, Jr., Esquire
Kelaher, Connell & Connor, P.C.
Murphy & Grantland, P.A.
P.O. Drawer 14547
1500 U.S. Highway 17 North, Suite 209
Surfside Beach, SC 29587
Phone: [phone]
Attorneys for Defendant T.W.

s/William P. Tinkler__________
Matthew E. Yelverton, Esquire
William P. Tinkler, Esquire
Yelverton Law Firm
60 Folly Road
Charleston, SC 29407
Phone: [phone]
Attorneys Defendant M.C.

DATE: August 8, 2018
DATE: August 6, 2018__________

s/Charles D. Barr
Charles D. Barr, Esquire
Law Office of Charles David Barr
319 West Main Street
P.O. Box 83
Kingstree, SC 29556
Phone: [phone]
Attorneys for Defendant K.E.M., deceased

s/Samuel L. Floyd_______________
Samuel L. Floyd, Esquire
15 Courthouse Square
Kingstree, SC 29556
Phone: [phone]
Guardian ad Litem for minor
Defendants J.E.M., J.C., L.M., and
K.M.

DATE: August 1, 2018

DATE: June 29, 2018___________

s/J.R. Murphy_____________________________
J.R. Murphy, Esquire
Fed I.D. No. 3119
Murphy & Grantland, P.A.
P.O. Box 6648
Columbia, South Carolina 29260
Phone: [phone]
Attorneys for Titan Indemnity Company
DATE: August 7, 2018_____________________

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