HOUSTON CASUALTY COMPANY
v.
ENDURANCE ASSURANCE CORPORATION
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Houston Casualty Company obtained a default judgment against defendant Armando Maldonado establishing that BH Management is covered under an Endurance insurance policy and that Endurance has a duty to defend BH Management in a state court lawsuit. The district court adopted a magistrate judge's recommendation and granted plaintiff's motion for default judgment.
The court granted the motion for default judgment, entering a default declaratory judgment in favor of Houston Casualty Company and against Armando Maldonado. The judgment states that BH Management is covered under the Endurance Policy and that Endurance has a duty to defend BH Management in Case No. 2021-CA-008589-0.
“The Clerk is DIRECTED to enter a default declaratory judgment in favor of Plaintiff Houston Casualty Company and against Defendant Armando Maldonado stating that BH Management is covered under the Endurance Policy, and Endurance has a duty to defend BH Management in the state court lawsuit”
States the specific relief granted by the default judgment, establishing insurance coverage and duty to defend.
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Join FLexlaw to unlock all legal intelligenceThis is an insurance coverage dispute involving a declaratory judgment action. Plaintiff Houston Casualty Company sought a default judgment against De…
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Before the Court is Plaintiff's Renewed Motion for Default Judgment as to Defendant Armando Maldonado. (Doc. 58 (“Motion").) On referral, U.S. Magistrate Judge Leslie Hoffman Price entered a Report and Recommendation stating that the Court should grant the Motion. (Doc. 60 ("R&R").) The parties did not object and the time has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted.
Accordingly, it is ORDERED AND ADJUDGED:
1. The R&R (Doc. 60) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety.
2. The Motion (Doc. 58) is GRANTED.
3. The Clerk is DIRECTED to enter a default declaratory judgment in favor of Plaintiff Houston Casualty Company and against Defendant Armando Maldonado stating that BH Management is covered under the Endurance Policy, and Endurance has a duty to defend BH Management in the state court lawsuit, Case No. 2021-CA-008589- 0. (See Docs. 56–57.)
4. The Clerk is DIRECTED to close the file.
DONE AND ORDERED in Chambers in Orlando, Florida, on May 21, 2024.
ROY B. DALTON, JR.
United States District Judge