STIPULATION AND ORDER TO BE BOUND BY DECLARATORY JUDGMENT ACTION

MORRISON C. ENGLAND, Jr., District Judge.

STIPULATION

Plaintiff Penn-Star Insurance Company, through its counsel, and Great West Casualty Company, through its counsel, hereby stipulate as follows:

1. Penn-Star has filed this declaratory-judgment lawsuit against several defendants, including Alonso Hernandez and A2A Transportation, Inc., seeking a judicial determination of Penn-Star's rights and obligations in connection with the underlying wrongful-death action styled Efren Santos, et al. v. Alonso Hernandez, et al., Fresno Superior Court of the County of Fresno case no. 14CECG02637.

2. Great West is a motor carrier liability insurer for Alonso Hernandez and A2A Transportation, Inc., and is affording them a defense and indemnity, pursuant to the terms, limitations and conditions of its policy No. MCP08767A, with respect to the underlying Santos action.

3. Penn-Star has provided to Great West copies of the pleadings and service papers in this declaratory-judgment lawsuit, and proposes to amend the complaint to name Great West as a party defendant to this action.

4. Great West does not wish to be a party to this action, takes no position with respect to Penn-Star's contentions set forth in its complaint as filed herein on June 19, 2015, and does not oppose the granting of the relief sought by that complaint.

5. Great West therefore stipulates that, in consideration of Penn-Star forbearing to add it as a party defendant to this action, it does not and will not oppose the granting of the declaratory relief sought in the original complaint herein as filed on June 19, 2015; and that it will be bound to the extent of such relief, if granted.

ORDER

IT IS SO ORDERED.