Certain Underwriters at Lloyd's, London v. Moran et al

Filing 31

ORDER DISMISSING CASE. Signed by Judge Nancy Stein Nowak. (rf)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
Certain Underwriters at Lloyd’s London
Subscribing to
Certificate No. WHP000080728005,
Plaintiffs,
v.

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Misty R. Moran, Jacob C. Moran,
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Wells Fargo Bank, NA,
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Defendants.
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Wells Fargo Bank, NA,
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Cross-Claimant,
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v.
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Jacob C. Moran, & Misty R. Moran,
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Cross-Defendants.
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Civil Action No.
SA-10-CV-0529 NN

Dismissal Order
This case was filed by plaintiff Certain Underwriters at Lloyd’s London (Lloyd’s)
against defendants Misty and Jacob Moran and Wells Fargo Bank, NA, (the Bank).1
Lloyd’s filed the lawsuit to resolve a dispute over entitlement to money paid to the
Morans as Lloyd’s insured for damage from a home fire. Lloyd’s asked the court to
adjudicate claims for the insurance money and asked for attorney fees.

1

Docket entry # 1.
1

The Bank is the Morans’ mortgage holder. The Bank answered and filed a crossclaim against the Morans complaining that the Morans failed to repair the mortgaged
home. The Bank asked for the insurance money for disbursement in accordance with
the deed of trust.2
Since that time, the parties resolved their dispute over entitlement to the
insurance pay-out.3 Under the agreed resolution, the insurance money was released to
the Bank and the Morans for disbursement in accordance with the deed of trust4 so the
Morans can repair the mortgaged property. The Bank withdrew its cross-claim.5 The
court denied Lloyd’s request for attorney fees.6 With those matters resolved, no issues
remain for adjudication. Accordingly, I dismiss this case. The parties shall bear their
own costs.
SIGNED on October 24, 2011.

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NANCY STEIN NOWAK
UNITED STATES MAGISTRATE JUDGE

2

Docket entry # 5.

3

Docket entry # 26.

4

Docket entry # 30.

5

Docket entry # 28.

6

Docket entry # 29.
2