Opinion
1:20-cv-03172-PKC
07-21-2021
[PROPOSED] JUDGMENT
P. KEVIN CASTEL UNITED STATES DISTRICT JUDGE
Pursuant to the May 18, 2021 trial of this matter and this Court's June 16, 2021 Findings of Facts and Conclusions of Law, it is hereby ORDERED AND ADJUDGED:
1. That the allegations found within the Complaint and Amended Complaint filed in the lawsuit styled B.H v. Choice Hotels International, Inc. (19 Civ. 3442 [D.S.C.]) (hereinafter “Underlying Action”) triggered Plaintiff Starr Indemnity & Liability Company's (“Starr”) obligation to provide a defense to Defendant Choice Hotels International, Inc. (“Choice”);
2. That Starr breached its contractual duty to defend Choice in the Underlying Action by denying and disclaiming all coverage obligations on the basis of the Abuse or Molestation Exclusion;
3. That judgment is entered in favor of Choice, and against Starr, declaring that Starr had a contractual obligation and duty to defend Choice in the Underlying Action; and
4. That Choice may file its request for fees no later than July 7, 2021