Continental Casualty Company v. Law Offices of Melbourne Mills, Jr., PLLC et al
5:2006cv00272 |
August 24, 2006 |
US District Court for the Eastern District of Kentucky |
Lexington Office |
Joseph M. Hood |
James B Todd |
Insurance |
28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
Defendant |
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Document Text |
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Filing 87 MEMORANDUM OPINION & ORDER: (1) Continental's 70 FIRST MOTION for Summary Judgment is GRANTED; (2) Lawyers Professional Liability Policy # LAW-184081127 issued by Continental Casualty Company to The Law Offices of Melbourn Mills, Jr., PLLC (t he "Firm") for 8/21/2003 to 8/21/2004 policy period is RESCINDED & VOID AB INITIO; (3) by virtue of said rescission, Continental has no obligation to defend or indemnify the Firm or any other insured, including Melbourn Mills, Jr., w ith respect to any claim, including Abbott, et al v Chesley, et al (the "Underlying Action"); (4) Continental is entitled to recover the amt of any defense costs it has advanced to Mills &/or the Firm in connection with the Underlying Actio n; (5) Continental shall have to 4/16/2010, in which to file w/the Court its brief on th issue of the amt of defense costs it is entitled to recover from Mills &/or the Firm; responses & replies shall be governed by the Local Rules; (6) all pending motions are DENIED AS MOOT; (7) all scheduled proceedings are CONTINUED GENERALLY. Signed by Judge Joseph M. Hood on 03/15/2010.(RJD)cc: COR |
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