Opinion
CASE NO.: 1:11-CV-166 (WLS)
02-12-2014
ALLSTATE INSURANCE COMPANY, and ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Plaintiffs, v. GINGER CHAPMAN, BRENT F. JACOBS, and WILLIAM F. JACOBS, Defendants.
ORDER
Presently pending before the Court is Renewed Consent Motion for Entry of Judgment for Plaintiffs (Doc. 30). On October 25, 2013, the Court granted Plaintiffs' Motion for Default Judgment. (See Docs. 25 & 28.) As a result, Defendants effectively admitted all well-pleaded allegations as set forth in Plaintiffs' complaint. Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298, 1307 (11th Cir. 2009) (citing Nishimatsu Const. Co. v. Houston Nat'l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)); Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987). Plaintiffs are entitled to the requested declaratory judgment if the factual allegations established by the grant of default judgment entitle Plaintiffs to such declaration. See Tyco Fire & Sec., LLC v. Alcocer, 218 F. App'x 860, 863 (11th Cir. 2007).
In Bonner v. City of Pritchard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981.
As a result of the default judgment, Defendants Jacobs admitted that the automobile driven by Defendant Brent Jacobs that was involved in the accident with Defendant Chapman was not insured by the AFCIC policy, Defendant Brent Jacobs was not an "insured person" as defined by the AFCIC or AIC policies, Defendant William Jacobs is not an "insured person" as defined by the AFCIC policy in relation to the accident, and the AIC policy does not cover liability stemming from automobile accidents or negligent entrustment of an automobile. (See Doc. 28 at 4-6.) Because these facts establish that Plaintiffs do not have any duty to provide a defense, cover, or indemnification to Defendants Jacobs for the claims that arise from the May 18, 2011, accident involving Defendant Brent Jacobs and Defendant Chapman, Plaintiffs AFCIC and AIC are entitled to judgment against Defendants Jacobs. (See Docs. 1-2 & 1-3.)
Thus, Plaintiffs' Renewed Consent Motion for Entry of Judgment for Plaintiffs (Doc. 30) is GRANTED. It is hereby DECLARED that Plaintiffs AFCIC and AIC have no duty to provide a defense, cover, or indemnification to Defendants Jacobs for any and all claims arising out of the May 18, 2011, accident involving Defendant Brent Jacobs and Defendant Chapman. Accordingly, JUDGMENT shall be entered in Plaintiffs' favor.
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W. LOUIS SANDS, JUDGE
UNITED STATES DISTRICT COURT