Opinion
Civil Action No. 3:05-CV-66.
January 19, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION ON CROSS MOTIONS FOR SUMMARY JUDGMENT
On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge David J. Joel, filed December 21, 2006. Neither party filed objections to the Magistrate Judge's Report and Recommendation.
The Court, after reviewing the above, is of the opinion that the Magistrate Judge's Report and Recommendation should be and is hereby ORDERED adopted.
The Court, therefore, ORDERS that Plaintiff's Motion for Summary Judgment (Document No. 32) be GRANTED. Defendant's Cross Motion for Summary Judgment (Document No. 37) is DENIED. Accordingly, the Court hereby DECLARES that Nautilus Insurance Company has no duty to defend and no duty to indemnify Daniel Putman, Roger Putman, and Joyce Putman in connection with the civil action brought against them by Jerry Fritts, individually and as the administrator of the Estate of Derrick Mitchell Fritts in the Circuit Court of Morgan County, West Virginia (Civil Action No. 03-C-35).
It is further ORDERED that this action be DISMISSED WITH PREJUDICE based on the reasons set forth in the Magistrate Judge's Report and Recommendation, and STRICKEN from the active docket of this Court.
It is so ORDERED.
The Clerk is directed to transmit true copies of this Order to all counsel of record.