Harris County Water Control and Improvement District No. 89 v. Philadelphia Indemnity Insurance Company et al, No. 4:2019cv01755 - Document 50 (S.D. Tex. 2020)
Court Description: FINAL JUDGMENT as to Philadelphia Indemnity Insurance Company. This is a final judgement as to all of the District's claims against Philadelphia.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4)
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Harris County Water Control and Improvement District No. 89 v. Philadelp...y Insurance Company et al Doc. 50 Case 4:19-cv-01755 Document 50 Filed on 07/02/20 in TXSD Page 1 of 2 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION HARRIS COUNTY WATER CONTROL § AND IMPROVEMENT DISTRICT NO. 89, § § Plaintiff, § § v. § § PHILADELPHIA INDEMNITY § INSURANCE COMPANY, et al., § § Defendants. § July 02, 2020 David J. Bradley, Clerk CIVIL ACTION NO. H-19-1755 FINAL JUDGMENT For the reasons stated in the Court’s Memorandum and Opinion of June 1, 2020 [Dkt. 47], wherein, Harris County Water Control and Improvement District No. 89’s (the “District”) Motion for Summary Judgment [Dkt. 31] was granted in part and denied in part and Philadelphia Indemnity Insurance Company’s (“Philadelphia”) Motion for Summary Judgment [Dkt. 32] was granted in part and denied in part. The Court found that the 2015 Agreement between bond principal, Defendant E&M Enterprises, Inc., and the District differed from and was therefore superseded by the 2016 Agreement between the parties; the Court further found that because Philadelphia, as surety, did not assent to the precise terms of the 2016 Agreement, it is not liable for performance bond obligations related to that contract. Accordingly, the District’s claims against Philadelphia related to performance bond obligations under the 2016 Agreement are dismissed, with prejudice. The District takes nothing from Philadelphia. The Court will enter judgment as to Defendant E&M Enterprises, Inc. in a separate order. . FINAL JUDGMENT PAGE 1 OF 2 Dockets.Justia.com Case 4:19-cv-01755 Document 50 Filed on 07/02/20 in TXSD Page 2 of 2 This is a final judgment as to all of the District’s claims against Philadelphia SIGNED on July 2, 2020, at Houston, Texas. ____________________________________ Lee H. Rosenthal Chief United States District Judge FINAL JUDGMENT PAGE 2 OF 2
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