Certain Underwriters at Lloyd's v. Dual Trucking, Inc., CV-19-34-GF-BMM. (2019)
Court: District Court, D. Montana
Number: infdco20190625d11
Visitors: 6
Filed: Jun. 24, 2019
Latest Update: Jun. 24, 2019
Summary: CLARIFICATION OF ORDER BRIAN MORRIS , District Judge . In consideration of Plaintiff's Request for Clarification, and for Good Cause Appearing: This Court clarifies its Order of lime 18, 2019, to reflect that Plaintiff did not agree that service was improperly made upon Defendant DTI, but have not objected to Defendants' Motion to Set Aside Default. Further, Defendants have affirmatively represented to the Court that they have not made a claim under the subject Plaintiff's Insurance Polic
Summary: CLARIFICATION OF ORDER BRIAN MORRIS , District Judge . In consideration of Plaintiff's Request for Clarification, and for Good Cause Appearing: This Court clarifies its Order of lime 18, 2019, to reflect that Plaintiff did not agree that service was improperly made upon Defendant DTI, but have not objected to Defendants' Motion to Set Aside Default. Further, Defendants have affirmatively represented to the Court that they have not made a claim under the subject Plaintiff's Insurance Policy..
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CLARIFICATION OF ORDER
BRIAN MORRIS, District Judge.
In consideration of Plaintiff's Request for Clarification, and for Good Cause Appearing:
This Court clarifies its Order of lime 18, 2019, to reflect that Plaintiff did not agree that service was improperly made upon Defendant DTI, but have not objected to Defendants' Motion to Set Aside Default.
Further, Defendants have affirmatively represented to the Court that they have not made a claim under the subject Plaintiff's Insurance Policy at issue and, unless and until Defendants tender a claim against Plaintiff's subject Insurance Policy, Plaintiff has no duty to defend or indemnify the Defendants. As there has been no insurance claim made, there is no justiciable controversy regarding the subject insurance policy and Defendants' Motion to Dismiss is GRANTED.
Source: Leagle
