Gateway Residences at Exchange, LLC v. Illinois Union Insurance Company

Filing 43

MEMORANDUM OPINION-Therefore the Court hereby GRANTS Defendant IUIC's Motion for Summary Judgment 28 and DENIES Plaintiff Gateway's Motion for Summary Judgment 30 . This case is here by DISMISSED. The Clerk of Court is directed to enter judgment in Defendant's favor pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge Liam O'Grady on 4/3/2018. (lcre, )

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

GATEWAY RESIDENCES AT

EXCHANGE, LLC,

Plaintiff,

Civil No. l:17-cv-629

Hon. Liam O'Grady

v.

Hon. John F. Anderson

ILLINOIS UNION INSURANCE

COMPANY,

Defendant.
MEMORANDUM OPINION & ORDER

This matter comes before the Court on cross motions for summary judgment. See Dkt. 28

(Defendant's motion); Dkt. 30 (Plaintiff's motion). For the reasons explained below and for good
cause shown, Defendant's motion is GRANTED and Plaintiffs motion is DENIED.
I.

Background

Plaintiff Gateway Residences at Exchange, LLC ("Gateway") is seeking to recover

insurance proceeds to satisfy a default judgment that Gateway obtained against Defendant
Illinois Union Insurance Company's ('iUIC") insured, Mechanical Design Group Ltd ("MDG").

Gateway sued MDG in Fairfax Circuit Court on September 16, 2016, alleging negligent design
by MDG during the design and construction of a building sometime in 2014. MDG did not

appear in the lawsuit, and Gateway obtained a default judgment in the amount of$910,148, plus
approximately $22,000 in attorney's fees and costs. See Dkt. 1, Ex. 13; Ex. 7at f 4-9. Gateway
now seeks to recover that judgment from IUIC, claiming that IUIC is required to indemnify
MDG.