FIREMEN'S INSURANCE COMPANY OF WASHINGTON, D.C. v. SWINNEY et al
| FIREMEN'S INSURANCE COMPANY OF WASHINGTON, D.C. |
| RUSSELL JACOBS and STEPHANIE SWINNEY |
| 1:2017cv00573 |
| February 22, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Tanya Walton Pratt |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| Plaintiff |
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Filing
44
ENTRY ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - This matter is before the Court on Plaintiff Firemen's Insurance Company of Washington D.C.'s ("FIC") Motion for Summary Judgment filed pursuant to Federal Rule of Civil Pr ocedure 56. (Filing No. 28 .) In this action, FIC seeks a declaratory judgment that it has and had no duty to defend or indemnify Defendant Stephanie Swinney ("Swinney") for any judgment or settlement entered in an underlying lawsuit e ntitled Russell Jacobs v. Stephanie Swinney and Pure Beverage Company, Case No. 55D03-1612-CT001903, currently pending in Morgan County, Indiana Superior Court (the "Morgan County Lawsuit"). The basis of this contention is that Swinney w as not a permissive driver of the insureds' company vehicle when it struck Defendant Russell Jacobs ("Jacobs"), and, as such, Swinney does not qualify as an insured under an insurance policy issued by FCI. FIC's Motion for Summary Judgment (Filing No. 28) is GRANTED. The Court will issue Final Judgment under separate order. (See Entry.) Signed by Judge Tanya Walton Pratt on 9/13/2018. (NAD)
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Filing
27
ORDER granting 17 Motion for Default Judgment as to Defendant Stephanie Swinney. Signed by Judge Tanya Walton Pratt on 12/27/2017. Copy Mailed. (JD)
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