Filed: May 01, 2019
Latest Update: May 01, 2019
Summary: CONSENT ORDER GRANTING PLAINTIFF OWNERS INSURANCE COMPANYSS MOTION FOR SUMMARY JUDGMENT DUDLEY H. BOWEN , District Judge . Plaintiff Owners Insurance Company ("Owners") submitted a Motion for Summary Judgment (the "Motion")(doc. no, 49) in this action. In the Motion, Owners requests that the Court issue a declaration that Owners has no duty to defend or indemnify Defendants Harper Built, LLC and Harper Built Construction, LLC (collectively, the "Harper Entities") under Owners Insurance Com
Summary: CONSENT ORDER GRANTING PLAINTIFF OWNERS INSURANCE COMPANYSS MOTION FOR SUMMARY JUDGMENT DUDLEY H. BOWEN , District Judge . Plaintiff Owners Insurance Company ("Owners") submitted a Motion for Summary Judgment (the "Motion")(doc. no, 49) in this action. In the Motion, Owners requests that the Court issue a declaration that Owners has no duty to defend or indemnify Defendants Harper Built, LLC and Harper Built Construction, LLC (collectively, the "Harper Entities") under Owners Insurance Comp..
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CONSENT ORDER GRANTING PLAINTIFF OWNERS INSURANCE COMPANYSS MOTION FOR SUMMARY JUDGMENT
DUDLEY H. BOWEN, District Judge.
Plaintiff Owners Insurance Company ("Owners") submitted a Motion for Summary Judgment (the "Motion")(doc. no, 49) in this action. In the Motion, Owners requests that the Court issue a declaration that Owners has no duty to defend or indemnify Defendants Harper Built, LLC and Harper Built Construction, LLC (collectively, the "Harper Entities") under Owners Insurance Company Policy number 102318-48359403-15 (the "Policy") with respect to the lawsuit filed by R. Todd Ingram and Holly L. Ingram (the "Ingrams"), styled R. Todd Ingram and Holly L. Ingram v. Harper Built, LLC, et al. Case No. 18-CG-0228-DG, Superior Court of Laurens County, Georgia (the "Underlying Lawsuit"). Harper Built, LLC and Harper Built Construction, LLC, have consented to the Motion and to this Consent Order. Capital City Bank did not file a response to the Motion, but does not consent to this Consent Order. The Clerk has entered default as to the remaining defendants. (See Entry of Default, Doc. No. 43.)
Having considered the Motion and other matters of the record, it is hereby ORDERED AND ADJUDGED as follows:
(a) Owners' Motion for Summary Judgment (doc. no. 49) is GRANTED.
(b) Owners has no duty to defend the Harper Entities under the Policy with respect to the Underlying Lawsuit;
(c) Owners has no duty to indemnify the Harper Entities under the Policy with respect to any claims that were brought or that could have been brought in the Underlying Lawsuit;
(d) None of the parties to the Underlying Lawsuit are entitled to any payments whatsoever under the Policy with respect to any claims that were brought or that could have been brought in the Underlying Lawsuit; and
(e) Each party shall bear its own costs.
Having granted the Motion for Summary Judgment, it appears that all Owners§ claims asserted in this matter have been resolved, even though some Defendants remain in the case. Accordingly, the parties SHALL advise the Court, in writing, of what claims, if any, remain in the case within thirty (30) days of the date of this Order. Failure to do so will result in the dismissal of any remaining claims in this action.
ORDER ENTERED.
