Filed: Dec. 27, 2018
Latest Update: Dec. 27, 2018
Summary: CONSENT JUDGMENT AND ORDER GRAY M. BORDEN , Magistrate Judge . In accordance with the Joint Motion for Entry of Consent Judgment (Doc. 16), filed December 21, 2018, Plaintiff Southern Pioneer Property & Casualty Insurance Company ("Southern Pioneer") and Defendant Terry Newsome d/b/a Chazz Automotive ("Newsome") (collectively "the parties") agree to resolve all matters in this action, and consent to entry of a Judgment and Order by this court. Pursuant to 28 U.S.C. 636(c) and Federal Rul
Summary: CONSENT JUDGMENT AND ORDER GRAY M. BORDEN , Magistrate Judge . In accordance with the Joint Motion for Entry of Consent Judgment (Doc. 16), filed December 21, 2018, Plaintiff Southern Pioneer Property & Casualty Insurance Company ("Southern Pioneer") and Defendant Terry Newsome d/b/a Chazz Automotive ("Newsome") (collectively "the parties") agree to resolve all matters in this action, and consent to entry of a Judgment and Order by this court. Pursuant to 28 U.S.C. 636(c) and Federal Rule..
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CONSENT JUDGMENT AND ORDER
GRAY M. BORDEN, Magistrate Judge.
In accordance with the Joint Motion for Entry of Consent Judgment (Doc. 16), filed December 21, 2018, Plaintiff Southern Pioneer Property & Casualty Insurance Company ("Southern Pioneer") and Defendant Terry Newsome d/b/a Chazz Automotive ("Newsome") (collectively "the parties") agree to resolve all matters in this action, and consent to entry of a Judgment and Order by this court. Pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73, the parties have consented to the jurisdiction of the undersigned United States Magistrate Judge. Docs. 10 & 11.
Accordingly, it is ORDERED, ADJUDGED, and DECREED that the Motion (16) is GRANTED and judgment is hereby ENTERED as follows:
1. That there is a bona fide controversy between the parties as to their legal rights, duties, status, and liability;
2. That the subject insurance policy (No. CP00006661) (the "subject policy") issued to Terry Newsome d/b/a Chazz Automotive is void ab initio;
3. That Southern Pioneer has a right to rescind the subject policy accordingly;
4. That, because the Policy is rescinded and void ab initio, Southern Pioneer has no coverage obligations under the Policy for any claims made against any insured;
5. That the subject policy is hereby rescinded;
6. That this final judgment is hereby ENTERED against Defendant and in favor of the Plaintiff; and
7. That costs be taxed as paid.
