Harleysville Mutual Insurance Company v. Dapper, LLC (CONSENT), No. 2:2009cv00794 - Document 32 (M.D. Ala. 2010)

Court Description: FINAL JUDGMENT, it is ORDERED, ADJUDGED, and DECREED as follows: (1) Judgment is entered in favor of Plf Harleysville Mutual Insurance Company and against Dft Dapper, LLC; (2) It is declared that there is no coverage available under Harleysville Comm ercial General Liability Policy MPA 2J9198 or Harleysville Commercial Umbrella Liability Policy BE 2J9198 for the claims against Dapper, LLC in Fantail, Inc. v. Kishor Desai, Shital Desai,and Dapper LLC, Civil ActionNumber CV-2008-358, currently pend ing in the Circuit Court for Elmore County; (3) It is declared that Harleysville Mutual Insurance Company has no duty orobligation to defend or indemnify Dapper, LLC under Harleysville Commercial General Liability Policy MPA 2J9198 or Harleysville Co mmercial Umbrella Liability Policy BE 2J9198 in Fantail, Inc. v. Kishor Desai, ShitalDesai, and Dapper LLC, Civil Action Number CV-2008-358; (4) It is declared that Harleysville Mutual Insurance Company has satisfied its obligations under the subject policies with regard to the claims brought against Dapper, LLC in Fantail, Inc. v. Kishor Desai, Shital Desai, and Dapper LLC, Civil Action Number CV-2008-358; further ORDERED that costs are taxed against Dft Dapper, LLC for which execution may issue; DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Terry F. Moorer on 7/21/2010. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
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Harleysville Mutual Insurance Company v. Dapper, LLC (CONSENT) Doc. 32 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION HARLEYSVILLE MUTUAL INSURANCE COMPANY Plaintiff, v. DAPPER, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 2:09-cv-794-TFM [wo] FINAL JUDGMENT In accordance with the prior proceedings, opinions, and orders of this Court, it is the ORDERED, ADJUDGED, and DECREED as follows: (1) Judgment is entered in favor of Plaintiff Harleysville Mutual Insurance Company and against Defendant Dapper, LLC. (2) It is declared that there is no coverage available under Harleysville Commercial General Liability Policy MPA 2J9198 or Harleysville Commercial Umbrella Liability Policy BE 2J9198 for the claims against Dapper, LLC in Fantail, Inc. v. Kishor Desai, Shital Desai,and Dapper LLC, Civil Action Number CV-2008-358, currently pending in the Circuit Court for Elmore County. (3) It is declared that Harleysville Mutual Insurance Company has no duty or obligation to defend or indemnify Dapper, LLC under Harleysville Page 1 of 2 Dockets.Justia.com Commercial General Liability Policy MPA 2J9198 or Harleysville Commercial Umbrella Liability Policy BE 2J9198 in Fantail, Inc. v. Kishor Desai, Shital Desai,and Dapper LLC, Civil Action Number CV-2008-358. (4) It is declared that Harleysville Mutual Insurance Company has satisfied its obligations under the subject policies with regard to the claims brought against Dapper, LLC in Fantail, Inc. v. Kishor Desai, Shital Desai,and Dapper LLC, Civil Action Number CV-2008-358. It is further ORDERED that costs are taxed against Defendant Dapper, LLC for which execution may issue. The Clerk of Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE this 21st day of July, 2010. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE Page 2 of 2