Opinion
Civil Action 20-5440-KSM
11-03-2021
ATAIN INSURANCE COMPANY, Plaintiff, v. BASEMENT WATERPROOFING SPECIALIST, INC. D/B/A OLD FAMILY CONSTRUCTION, Defendant.
ORDER
KAREN SPENCER MARSTON, J.
AND NOW, this 3rd day of November, 2021, upon consideration of Plaintiff Atain Insurance Company's Motion for Judgment on the Pleadings (Doc. No. 11), Defendant Basement Waterproofing Specialist, Inc.'s response and cross-motion (Doc. No. 12), Atain's reply (Doc. No. 13), and for the reasons discussed in the accompanying Memorandum, it is ORDERED that Atain's Motion (Doc. No. 11) is GRANTED and, as such, Atain has no duty to defend or indemnify Basement, Inc. in the underlying state court action, Gary Budman v. Basement Waterproofing Specialist, Inc. It is FURTHER ORDERED that Basement, Inc.'s cross-motion (Doc. No. 12) is DENIED. The Clerk of the Court is directed to close this case. 1