Opinion
Civil Action 21-3162
02-22-2022
FALLS LAKE NATIONAL INSURANCE COMPANY v. OZIEL CONSTRUCTION LLC
ORDER
GERALD AUSTIN MCHUGH UNITED STATES DISTRICT JUDGE
This 22nd day of February, 2022, upon review of Plaintiff's Complaint seeking Rescission (ECF #1) and its Motion for Default Judgment (ECF #6), it is hereby ORDERED in accordance with the accompanying Memorandum that:
1) Judgment is ENTERED in favor of Falls Lake Insurance Company and against Oziel Construction, LLC.
2) Workers' Compensation and Employers Liability Insurance policy no. WC00-0089694-2019A issued by Falls Lake is hereby declared rescinded as void ab initio and Falls Lake has no duty to defend or indemnify Oziel Construction in connection with Wilfred Estevez Barahona v. Oziel Construction LLC or any other claim under the policy.
3) Falls Lake National Insurance Company may retain as an equitable remedy any premiums paid by Oziel Construction, LLC in connection with the Workers' Compensation and Employers Liability Insurance policy no. WC00-0089694-2019A as a partial offset against defense costs incurred in the Barahona proceeding.
The Clerk of Court is requested to mark this case CLOSED for statistical purposes.