PROGRESSIVE SELECT INSURANCE COMPANY
v.
RAFFERTY

M.D. Fla. | 2021-02-16
No. 6:19-cv-566
District Court, M.D. Florida (2021)

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Holding

The court granted the plaintiff's motion for default judgment, adopting the magistrate judge's recommendation that the insurance policy does not provide coverage for the defendant. The court declared the plaintiff has no duty to indemnify or defend the defendant.

Facts & Procedural History

Plaintiff Progressive Select Insurance Company filed a declaratory judgment action to resolve an insurance coverage dispute. Plaintiff moved for defau…

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Topics
Report And Recommendation (R&R) Clear Error Standard Of Review Report And Recommendation Insurance Coverage Dispute

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Opinion of the Court

Plaintiff initiated this declaratory judgment action against Defendants to resolve an insurance coverage dispute. (Doc. 1.) Now Plaintiff moves for default judgment against Defendant Patrick Jay Rafferty.1 (Doc. 44 (“Motion”).) On referral, U.S. Magistrate Judge Embry J. Kidd recommends the Court grant the Motion. (Doc. 48 (“R&R”).) The parties did not object to the R&R, and the time for doing so has now passed. (See Doc. 49.) As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such

1. U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation (Doc. 48) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff’s Motion for Default Judgment (Doc. 44) is GRANTED. 3. The Court DECLARES: a. The automobile insurance policy Plaintiff issued to Donald Rafferty does not provide bodily injury liability coverage to Defendant

Patrick Jay Rafferty as a result of the car accident he was involved in on November 5, 2017; b. Plaintiff has no duty to indemnify Defendant Patrick Jay Rafferty for any damages being claimed by Defendant Stephanie Alexandra Simich related to the November 5, 2017 car accident; and

c. Should a lawsuit be brought by Defendant Stephanie Alexandra Simich for her damages as a result of the car accident, Plaintiff has no duty to defend Defendant Patrick Jay Raffery in that lawsuit. 4. The Clerk is DIRECTED to enter judgment in favor of Plaintiff Progressive Select Insurance Company and against Defendants Patrick Jay Rafferty and

Stephanie Alexandra Simich, terminate all pending motions, and close the case. DONE AND ORDERED in Chambers in Orlando, Florida, on February 16, 2021. ROY B, DALTON JR: United States District Judge

Copies to: Counsel of Record Defendant Patrick Jay Rafferty

Footnotes
1 Defendant Stephanie Alexandra Simich answered Plaintiff’s complaint and on summary judgment, the Court found in favor of Plaintiff. (Docs. 12, 42.) The Court deferred entering final judgment against Ms. Simich until the action was resolved against Mr. Rafferty. (Doc. 42, pp. 13–14.) So here, the Court enters final judgment against Ms. Simich. error, the Court adopts the R&R in its entirety. It is ORDERED AND ADJUDGED:

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