Encompass Independent Insurance Company v. Dombrosky et al

Filing 35

ORDER granting in part and denying in part 16 Motion for Summary Judgment; granting in part and denying in part 18 Motion for Summary Judgment; granting in part and denying in part 20 Motion for Summary Judgment. Signed by District Judge Glen E. Conrad on 2/10/17. (sas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
ENCOMPASS INDEPENDENT
INSURANCE COMPANY,
Plaintiff/Counterdefendant,
v.
TANYA N. DOMBROSKY,
Defendant/Crossdefendant
v.
MATTHEW T. GREEN
Defendant/Crossclaimant/
Counterclaimant

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CLERK'S OFFICE U.S. OIST. COURT
AT CHARLO'!TESVILE, VA
·
FILED

FEB·1 0 2017

Civil Action No. 7:16CV00272

ORDER

By: Hon. Glen E. Conrad
Chief United States District Judge

This case is before the court on motions for summary judgment filed by Tanya
Dombrosky ("Dombrosky"), Matthew Green ("Green"), and Encompass Independent Insurance
Company ("Encompass"). For the reasons stated in the accompanying memorandum opinion, it
!SnOW

ORDERED

as follows:
1.

Dombrosky's motion for summary judgment (Docket No. 16) and Green's
Motion for summary judgment (Docket No. 20) are GRANTED IN PART AND
DENIED IN PART; it is further DECREED, pursuant to 22 U.S.C. § 2201, that

Encompass must defend or indemnify Dombrosky in the underlying Virginia state
court action pursuant to the Virginia Personal Umbrella Policy.

2.

Encompass' motion for summary judgment (Docket No. 18) is GRANTED IN
PART AND DENIED IN PART; it is further DECREED, pursuant to 22 U.S.C.

§ 2201, that the Virginia Personal Auto Policy does not give rise to a duty to
defend or indemnify Dombrosky in the underlying Virginia state court action.
The Clerk is directed to send copies of this order and the accompanying memorandum
opinion to all counsel of record. The Clerk is further directed to close this matter and strike it
from the active docket of the court.
DATED: This 10 l><lday ofFebruary, 2017.