State Farm Mutual Automobile Insurance Company et al v. McClenny et al (MAG+), No. 3:2009cv00935 - Document 34 (M.D. Ala. 2010)

Court Description: JUDGMENT, in accordance with the court's findings of fact and conclusions of law entered in open court on 9/28/10, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) judgment is entered in favor of State Farm Mutual Automobile Ins urance Company and against John McClenny, Kim McClenny and Personal Representative of the Estate of Michael James Delph; (2) it is DECLARED that, in connection with an automobile insurance policy that previously insured a 1998 Chevrolet S-10 pick-up truck previously owned by the McClenny defs, bearing policy no 136 5342-C24-01A, plf State Farm Mutual Automobile Insurance Company does not owe coverage, as further set out in order; further ORDERING that costs are taxed against the McClenny defenda nts and def Personal Representative of the Estate of Michael James Delph, 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 Myron H. Thompson on 9/28/10. (Attachments: # 1 civil appeals checklist)(djy, )
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State Farm Mutual Automobile Insurance Company et al v. McClenny et al (MAG+) Doc. 34 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ) ) ) ) Plaintiff, ) ) v. ) ) JOHN McCLENNY, KIM ) McCLENNY, and THE PERSONAL ) REPRESENTATIVE OF THE ) ESTATE OF MICHAEL JAMES ) DELPH, ) ) Defendants. ) CIVIL ACTION NO. 3:09cv935-MHT (WO) JUDGMENT In accordance with the court’s findings of fact and conclusions of law entered in open court on September 28, 2010, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Judgment is entered in favor of plaintiff State Farm Mutual Automobile Insurance Company and against Dockets.Justia.com defendants John McClenny, Kim McClenny, and Personal Representative of the Estate of Michael James Delph. (2) It is DECLARED that, in connection with an automobile insurance policy that previously insured a 1998 Chevrolet S-10 pick-up truck previously owned by the McClenny defendants, bearing policy no. 136 5342-C24-01A, plaintiff State Farm Mutual Automobile Insurance Company does not owe coverage to the McClenny defendants or defendant Personal Representative of the Estate of Michael James Delph for any liability that might result from an automobile accident on July 25, 2009, involving a Chevrolet S-10 pick-up truck allegedly driven by Michael James Delph. It is further ORDERED that costs are taxed against the McClenny defendants and defendant Personal Representative of the Estate of Michael James Delph, for which execution may issue. 2 The clerk of the 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 the 28th day of September, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE