The Hanover Insurance Company v. Jolley Building, LLC et al

Filing 15

DEFAULT JUDGMENT, entered by the Clerk, against Defendants Jolley Building, LLC, Edgar M. Jolley and Laura F. Jolley, jointly and severally, as set forth more fully herein. Signed by District Judge Thomas W Phillips on May 6, 2013. (mailed to Edgar M. Jolley, 2709 East Brow Rd., Signal Mountain, TN 37377, to Laura F. Jolley, 2709 East Brow Rd., Signal Mountain, TN 37377, and to Jolley Building, LLC, c/o Laura F. Jolley, Registered Agent, 2709 East Brow Rd., Signal Mountain, TN 37377) (AYB)

UNITED STATES DISTRICT COURT EASTERN
DISTRICT OF TENNESSEE
THE HANOVER INSURANCE COMPANY,

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Plaintiff,
v.
JOLLEY BUILDING, LLC, EDGAR M. JOLLEY
and LAURA F. JOLLEY.

Case No. 3:13-cv-00010

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Defendants.

JUDGMENT

THIS MATTER came before the Court upon Plaintiff The Hanover Insurance
Company’s Motion for Default Judgment against Defendants Jolley Building, LLC, Edgar M.
Jolley and Laura F. Jolley (collectively, the “Defendants”). It appears that said Motion is well
taken and should be GRANTED, and default judgment is hereby entered against the Defendants,
jointly and severally, for:
(1)

Specific performance of Paragraph 3 of the Agreement of Indemnity, requiring
the Defendants to deposit collateral security with Hanover in an amount no less
than $5,800,000.00;

(2)

Specific performance of Paragraph 8 of the Agreement of Indemnity, requiring
the Defendants to provide full and free access to their books and records;

(3)

A judgment of liability, requiring the Defendants to indemnify Hanover for all
claims, demands, liabilities, costs, charges, suits, judgments and expenses which
Hanover may sustain or incur, including interest, court costs, consultants fees and
attorneys’ fees, by reason of having (i) executed bonds on behalf of Jolley
Building, LLC, (ii) making an independent investigation of any claim, demand or
suit under any bond issued on behalf of Jolley Building, LLC, (iii) in defending
any suit, action, or other proceeding brought against Hanover under any bond
issued on behalf of Jolley Building, LLC, and (iv) in enforcing the covenants and
terms of the Agreement of Indemnity.

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This judgment shall be final and appealable under Rule 54(a) of the Federal Rules of Civil
Procedure, and Hanover shall be allowed to seek immediate enforcement of the Defendants’
obligations under the Agreement of Indemnity.

Nothing herein is a waiver of any right of

Hanover to hereinafter seek a damages judgment against the Defendants under the Agreement of
Indemnity.

IT IS SO ORDERED.
ENTER:

ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT

s/ Thomas W. Phillips
United States District Judge

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