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Carolina Cas. Ins. Co. v. Capital Trucking, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 5, 2021
18 CIVIL 10871 (PED) (S.D.N.Y. Mar. 5, 2021)

Opinion

18 CIVIL 10871 (PED)

03-05-2021

Carolina Casualty Insurance Company, Plaintiff, v. Capital Trucking, Inc., Robert G. Anderson, Diane C. Anderson, Defendants. Robert G. Anderson, Diane C. Anderson, Counterclaim Plaintiffs, v. Carolina Casualty Insurance Company & Imperium Insurance Company, f/k/a Delos Insurance Company, Counterclaim Defendants.


JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated March 5, 2021, Carolina's motion for summary judgment is GRANTED as to its first cause of action and DENIED as to its second cause of action. The Andersons' motion for summary judgment is GRANTED to the extent that the Court determines that Carolina's MCS-90 endorsement applies to the underlying accident, and Carolina would be obligated under the endorsement to satisfy any money judgment against Capital Trucking obtained by the Andersons up to $750,000. The Andersons' motion is DENIED in all Other respects. Carolina's and Imperium's motions to dismiss the Andersons' fourth, fifth, and Sixth causes of action are GRANTED; accordingly, this case is closed. Dated: New York, New York

March 5, 2021

RUBY J. KRAJICK

Clerk of Court

BY: /s/ _________

Deputy Clerk


Summaries of

Carolina Cas. Ins. Co. v. Capital Trucking, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 5, 2021
18 CIVIL 10871 (PED) (S.D.N.Y. Mar. 5, 2021)
Case details for

Carolina Cas. Ins. Co. v. Capital Trucking, Inc.

Case Details

Full title:Carolina Casualty Insurance Company, Plaintiff, v. Capital Trucking, Inc.…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Mar 5, 2021

Citations

18 CIVIL 10871 (PED) (S.D.N.Y. Mar. 5, 2021)