SOUTHERN PILOT INSURANCE COMPANY v. MATTHEWS AUTO REPAIR, INC.
||SOUTHERN PILOT INSURANCE COMPANY
||MATTHEWS AUTO REPAIR, INC.
||April 17, 2017
||US District Court for the Southern District of Indiana
||Debra McVicker Lynch
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2201 Declaratory Judgement
|Jury Demanded By:
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|November 29, 2017
ORDER - Southern Pilot Insurance Company ("Southern") issued an insurance policy to Matthews Auto Repair, Inc. ("Matthews Auto") for the period of May 8, 2002 to May 8, 2003. [Filing No. 8 at 2.] In 2016, an environmental inv estigation revealed toxic waste on Matthews Auto's property. [Filing No. 8 at 2.] On June 22, 2016, Matthews Auto voluntarily entered into a remediation agreement with the Indiana Department of Environment Management ("IDEM"). [Fi ling No. 8 at 5.] On July 11, 2016, Matthews Auto notified Southern of an "Environmental Suit" initiated by IDEM, which Matthews Auto claimed was covered under the insurance policy. [Filing No. 8 at 5.] Southern filed its First Amend ed Complaint for Declaratory Judgement ("Complaint"), [Filing No. 8 ], asserting that Matthews Auto breached the insurance policy by entering into the remediation agreement with IDEM without first obtaining Southern's consent. [Fil ing No. 8 at 6.] Southern filed a Motion for Judgement on the Pleadings, [Filing No. 33 .], which is now ripe for the Court's consideration. For the reasons stated in this Order, Southern's Motion for Judgment on the Pleadings, [Filing No. 33 ], is DENIED. (See Order). Signed by Judge Jane Magnus-Stinson on 11/29/2017. (APD)
|April 18, 2017
ORDER - The Court ORDERS Plaintiff to file an Amended Complaint by April 25, 2017, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 4/18/2017.(JRB)
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