Sentry Select Insurance Company v. Carmickle Thompson et al

Filing 57

ORDER -ORDERED that Plaintiff Sentry Select Insurance Company's Motion for SummaryJudgment (Doc. No. 46 ) be, and the same hereby is, GRANTED and this Court hereby declares and finds that Plaintiff Sentry Select Insurance Company is not obligated by either insurance policy number CT739434-98093-051, issued by Plaintiff Sentry Select Insurance Company to Defendant Donald Milligan d/b/a C& T Trucking, or by the "Endorsement for Motor Carrier Policies of Insurance for Public L iability Under Sections 29 and 30 of the Motor Carrier Act of 1980" to pay any portion of the judgment entered on December 2, 2008 in Loudoun County Circuit Court against Defendant Eugene Brown or Defendant Eagle Valley Trucking; and it is furtherORDERED Defendant/Counter-Claimant's Motion for Summary Judgment (Doc. No. 49 ) be, and the same hereby is, DENIED. Signed by District Judge Anthony J Trenga on 10/19/2009. (kbro)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division

SENTRY SELECT INSURANCE COMPANY, Plaintiff,
v.

) ) )
) No. 1:09cvl 19 (AJT/TCB)

CARMICKLE THOMPSON, el al,
Defendants.

)
)

ORDER

This matter is before the Court on Plaintiff Sentry Select Insurance Company's Motion
for Summary Judgment (Doc. No. 46) and on Defendant/Counter-Claimant's Motion for Summary Judgment (Doc. No. 49). For the reasons stated in the accompanying opinion
memorandum, it is hereby

ORDERED that Plaintiff Sentry Select Insurance Company's Motion for Summary
Judgment (Doc. No. 46) be, and the same hereby is, GRANTED and this Court hereby declares

and finds that Plaintiff Sentry Select Insurance Company is not obligated by either insurance policy number CT739434-98093-051, issued by Plaintiff Sentry Select Insurance Company to

Defendant Donald Milligan d/b/a C& T Trucking, or by the "Endorsement for Motor Carrier
Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of
1980" to pay any portion of the judgment entered on December 2, 2008 in Loudoun County Circuit Court against Defendant Eugene Brown or Defendant Eagle Valley Trucking; and it is
further

ORDERED Defendant/Counter-Claimant's Motion for Summary Judgment (Doc. No.
49) be, and the same hereby is, DENIED.

The Clerk is directed to enter judgment in favor of Plaintiff pursuant to Fed. R. Civ. P. 58 and forward copies of this Order and accompanying Memorandum Opinion to all counsel of
record.

This Order is final.
Anthony J. Trenga

V

United States District Judge

Alexandria, Virginia October 19,2009