Filed: Nov. 06, 2018
Latest Update: Nov. 06, 2018
Summary: AGREED DECLARATORY JUDGMENT AND FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE SHARION AYCOCK , District Judge . CAME THIS DAY, the Plaintiff, Foremost Signature Insurance Company ("Foremost"), and the Defendants, Dr. Don Simpson, M.D., Individually and d/b/a Magnolia Women's Clinic (hereinafter "Dr. Simpson"); Magnolia Women's Clinic, P.A. (hereinafter "Magnolia"); and Kirstin Fitzgerald, Individually and on Behalf of S.F., a Minor, Jointly and Individually ("Fitzgerald"), for hearing on their
Summary: AGREED DECLARATORY JUDGMENT AND FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE SHARION AYCOCK , District Judge . CAME THIS DAY, the Plaintiff, Foremost Signature Insurance Company ("Foremost"), and the Defendants, Dr. Don Simpson, M.D., Individually and d/b/a Magnolia Women's Clinic (hereinafter "Dr. Simpson"); Magnolia Women's Clinic, P.A. (hereinafter "Magnolia"); and Kirstin Fitzgerald, Individually and on Behalf of S.F., a Minor, Jointly and Individually ("Fitzgerald"), for hearing on their ..
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AGREED DECLARATORY JUDGMENT AND FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE
SHARION AYCOCK, District Judge.
CAME THIS DAY, the Plaintiff, Foremost Signature Insurance Company ("Foremost"), and the Defendants, Dr. Don Simpson, M.D., Individually and d/b/a Magnolia Women's Clinic (hereinafter "Dr. Simpson"); Magnolia Women's Clinic, P.A. (hereinafter "Magnolia"); and Kirstin Fitzgerald, Individually and on Behalf of S.F., a Minor, Jointly and Individually ("Fitzgerald"), for hearing on their joint motion for entry of an Agreed Declaratory Judgment and Final Judgment of Dismissal with Prejudice. The Court, after noting the agreement of the parties and after otherwise being fully advised in the premises, as stated herein below, finds that said motion is well taken and that it should be granted.
THE PARTIES HEREIN ACKNOWLEDGE the following:
1. There is no coverage under the terms, conditions, exclusions, definitions, and other provisions of Small Business Policy No. PAS 00989345 ("the Foremost Policy") for any of the claims asserted against Dr. Simpson or Magnolia, in the civil suit filed in the Circuit Court of Alcorn County, Mississippi, styled "Kirstin Fitzgerald, Individually and on behalf of S.F., a Minor, Jointly and Individually v. Dr. Don Simpson, M.D., Individually and D/B/A Magnolia Women's Clinic; Magnolia Women's Clinic, P.A.," and bearing Cause No. CV18-229RA (the "Underlying Action").
2. Foremost does not have, nor ever had, any duty to defend Dr. Simpson or Magnolia, against any of the claims asserted against them, or either one of them, in the Underlying Action under the Foremost Policy.
IT IS, THEREFORE, ORDERED AND ADJUDGED, that (1) there is no coverage under the terms, conditions, exclusions, definitions, and other provisions of the Foremost Policy for any of the claims asserted against Dr. Simpson or Magnolia in the Underlying Action and (2) Foremost does not have, nor ever had, any duty to defend Dr. Simpson or Magnolia against any of the claims asserted against them, or either one of them, in the Underlying Action under the Foremost Policy.
IT IS FURTHER ORDERED AND ADJUDGED that the above styled and numbered cause shall be and is hereby DISMISSED with prejudice in its entirety. All costs and attorney's fees associated with this dismissal shall be borne by each of the respective parties, themselves.
SO ORDERED AND ADJUDGED.
