Opinion
21-2741
02-22-2023
ORDER
JEFFREY L. SCHMEHL, J.
AND NOW, this 21st day of February, 2023, IT IS HEREBY ORDERED that:
1. The motion for judgment on the pleadings [Doc. 58] is GRANTED in part and DENIED in part.
2. The motion is DENIED with respect to Count One of the Amended Declaratory Judgment Action.
3. The Court declares that Depositors Insurance Company is not obligated to defend or indemnify Defendant, AIM Leasing Company d/b/a AIM National Lease and d/b/a AIM Transportation Solutions in the Underlying Actions under the Business Auto Policy.
4. Judgment is ENTERED on Count One of the Amended Declaratory Judgment Action in favor of Plaintiff Depositors Insurance Company and against the Defendants.
5. The motion is GRANTED with respect to Counts Two through Five of the Amended Declaratory Judgment Action.
6. Counts Two through Five of the Amended Declaratory Judgment Action are DISMISSED without prejudice.
7. The Clerk is DIRECTED to mark this case closed.