Endurance American Specialty Insurance Company v. Hamilton Brewart Insurance Agency LLC et al, No. 2:2012cv09277 - Document 112 (C.D. Cal. 2013)

Court Description: FINAL JUDGMENT by Judge John F. Walter. THEREFORE, IT IS HEREBY ORDERED and ADJUDGED as follows: (1) Judgment is entered in favor of Endurance against Defendants Derek Brewart, individually and as Trustee of the Hamilton Brewart Trust, on the grounds set forth in the Court's 4/18/2013 Order (Docket No. 106), which Order is incorporated herein by reference as though fully set forth; (2) The Professional Liability Insurance Policy, Number PPL 10002126201that Endurance issued to Hamilton Brewa rt Insurance Agency LLC forthe Policy Period of 7/1/2011 to 7/1/2012 is rescinded and isrendered void ab initio. (3) The Professional Liability Insurance Policy, Number PPL 10002126202 that Endurance issued to Hamilton Brewart Insurance Agency LLC fo r the Policy Period of 7/1/2012 to 7/1/2013 is rescinded and is rendered void ab initio. (4) Judgment is further entered in accordance with the Stipulation of Dismissal concurrently filed with this Court; (5) This action is dismissed with prejudice, in its entirety, with all parties bearing their own attorneys fees and costs. (jp)

Download PDF
Endurance American Specialty Insurance Company v. Hamilton Brewart Insurance Agency LLC et al 1 2 3 4 5 6 7 8 9 10 Michael F. Perlis (SBN 095992) mperlis@lockelord.com Cary Joy Economou (SBN 211438) ceconomou@lockelord.com F. Phillip Hosp (SBN 265225) phosp@lockelord.com LOCKE LORD LLP 300 South Grand Avenue, Suite 2600 Los Angeles, California 90071 Telephone: (213) 485-1500 Facsimile: (213) 485-1200 Doc. 112 JS-6 Attorneys for Plaintiff ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY Locke Lord LLP 300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 25 ) ) ) ) ) ) Plaintiff, ) ) ) vs. ) ) HAMILTON BREWART INSURANCE ) AGENCY, LLC, a California limited liability ) ) company; DEREK BREWART, an ) individual; DEREK BREWART, AS ) ) TRUSTEE OF THE HAMILTON ) BREWART TRUST, ) ) ) Defendants. ) ) ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, a Delaware corporation, Case No. CV12-9277 JFW (Ex) Hon. John F. Walter FINAL JUDGMENT Action Filed: October 29, 2012 Amended Complaint: Jan. 14, 2013 Discovery Cutoff: June 3, 2013 Final PTC Date: July 19, 2013 Trial Date: July 30, 2013 26 27 28 1 [PROPOSED] FINAL JUDGMENT Dockets.Justia.com 1 THIS MATTER is before the Court at the stipulated requested of Plaintiff 2 Endurance American Specialty Insurance Company (“Endurance”) and Defendant 3 Hamilton Brewart Insurance Agency LLC (“HBIA”). 4 This Court previously entered the following: 5 1. 6 7 On January 29, 2013, a Default by Clerk was entered as to Derek Brewart, as Trustee of the Hamilton Brewart Trust (Docket No. 59). 2. On April 18, 2013, this Court granted Endurance’s Motion for Summary 8 Judgment against Defendants Derek Brewart, individually, and as Trustee of the 9 Hamilton Brewart Trust (Docket No. 106). Endurance and HBIA, pursuant to Federal Rule Civil Procedure 41(a)(1)(A)(ii), the 12 Locke Lord LLP In light of the Court’s rulings and a settlement entered into by and between 11 300 South Grand Avenue, Suite 2600 Los Angeles, CA, 90071-3119 10 following matters have been dismissed with prejudice by Stipulation: 13 3. 14 THEREFORE, IT IS HEREBY ORDERED and ADJUDGED as follows: 15 1. HBIA’s Counter-claim as against Endurance (Docket No. 57). Judgment is entered in favor of Endurance against Defendants Derek 16 Brewart, individually and as Trustee of the Hamilton Brewart Trust, on 17 the grounds set forth in the Court’s April 18, 2013 Order (Docket No. 18 106), which Order is incorporated herein by reference as though fully set 19 forth; 20 2. The Professional Liability Insurance Policy, Number PPL 10002126201 21 that Endurance issued to Hamilton Brewart Insurance Agency LLC for 22 the Policy Period of July 1, 2011 to July 1, 2012 is rescinded and is 23 rendered void ab initio. 24 3. The Professional Liability Insurance Policy, Number PPL 10002126202 25 that Endurance issued to Hamilton Brewart Insurance Agency LLC for 26 the Policy Period of July 1, 2012 to July 1, 2013 is rescinded and is 27 rendered void ab initio. 28 2 FINAL JUDGMENT 1 4. 2 3 Judgment is further entered in accordance with the Stipulation of Dismissal concurrently filed with this Court; 5. 4 This action is dismissed with prejudice, in its entirety, with all parties bearing their own attorneys’ fees and costs. 5 IT IS SO ORDERED. 6 Dated: June 10, 2013 HON. JOHN F. WALTER UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 11 Locke Lord LLP 300 South Grand Avenue, Suite 2600 Los Angeles, CA, 90071-3119 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LA 762575v.3 3 FINAL JUDGMENT

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.