Opinion
5:21-cv-596-GAP-PRL
06-16-2022
PEAK PROPERTY AND CASUALTY INSURANCE CORPORATION, Plaintiff, v. BRANDT ALLI, MOHAMED ZAINUL HANIFF and VERNA MAE WAISOME, Defendants
ORDER
GREGORY A. PRESNELL UNITED STATES DISTRICT JUDGE
This cause comes before the Court on Plaintiff's Amended Motion for Defaul Declaratory Judgment (Doc. 27) filed May 5, 2022.
On May 25, 2022, the United States Magistrate Judge issued a report (Doc. 28 recommending that the motion be granted. No objections have been filed Therefore, it is
ORDERED as follows:
1. The Report and Recommendation is CONFIRMED and ADOPTED as part of this Order.
2. The Motion for Default Judgment is GRANTED. The Court finds that: (1) there is no liability coverage under the Peak Property insurance policy available for liability claims resulting from the March 19, 2021, accident and, thus, no liability coverage benefits are owed by Peak Property and Casualty Insurance Corporation under the Policy to Brandt Alli, Mohamed Zainul Haniff, or Verna Mae Waisome; (2) that Peak Property has no duty to indemnify or defend Brandt Alli or Mohamed Zainul Haniff against liability claims connected to the accident; and (3) that there is no personal injury protection coverage afforded by the Peak Property policy to Defendants Brandt Alli, Mohamed Zainul Haniff, or Verna Mae Waisome.
3. The earlier original motion for default judgment (Doc. 24) is DENIED as moot.
4. The Clerk is directed to enter final default judgment in favor Plaintiff and against Defendant, and thereafter close the case.
DONE and ORDERED in Chambers, Orlando, Florida on June 16, 2022.