amGUARD Insurance Company v. JLW Towing & Recovery, LLC et al, No. 2:2019cv02146 - Document 31 (W.D. Ark. 2020)

Court Description: JUDGMENT, pursuant to 30 Opinion and Order entered this date, Plaintiff owes no duty to defend or pay damages for or on behalf of JLW Towing & Recovery, LLC, Zachariah Archer, or Emilio Z. Smith with respect to the lawsuit filed in Johnson County Circuit Court. Signed by Honorable P. K. Holmes III on October 1, 2020. (mjm)
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amGUARD Insurance Company v. JLW Towing & Recovery, LLC et al Doc. 31 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION AMGUARD INSURANCE COMPANY v. PLAINTIFF No. 2:19-CV-02146 JLW TOWING & RECOVERY, LLC, et al. DEFENDANTS JUDGMENT Pursuant to the opinion and order entered in this case on this date, it is ADJUDGED that the coverage under insurance policy number K2GP903185 is void due to willful misrepresentation of material facts by Defendant JLW in the policy application and because the policy would not have been issued had the true facts been disclosed in the policy application. Plaintiff owes no duty to defend or pay damages for or on behalf of JLW Towing & Recovery, LLC, Zachariah Archer, or Emilio Z. Smith with respect to the lawsuit filed in Johnson County Circuit Court, styled Michael McHalffey and Angella McHalffey, Husband and Wife vs. JLW Towing & Recovery, LLC, et al., Johnson County Circuit Court No. 36CV-19-143. IT IS SO ADJUDGED this 1st day of October, 2020. /s/P. K. Holmes, ΙΙΙ P.K. HOLMES, III U.S. DISTRICT JUDGE Dockets.Justia.com