Selective Ins. Co. of S.C. v. ICI Constr., Inc.

Full title: SELECTIVE INSURANCE COMPANY OF SOUTH CAROLINA v. ICI CONSTRUCTION, INC.…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Date published: Apr 9, 2015

CIVIL ACTION NO. G-14-110 (S.D. Tex. Apr. 9, 2015)

Opinion

CIVIL ACTION NO. G-14-110

04-09-2015

SELECTIVE INSURANCE COMPANY OF SOUTH CAROLINA v. ICI CONSTRUCTION, INC., ET AL.

Gregg Costa United States Circuit Judge (Sitting by Designation)

ORDER ADOPTING REPORT AND RECOMMENDATION

In a Report and Recommendation dated March 13, 2015, Magistrate Judge Froeschner recommended that the Motion for Summary Judgment of Plaintiff, Selective Insurance Company of South Carolina (Selective) be granted and the competing Motion for Summary Judgment of Defendant, ICI Construction, Inc. (ICI), be denied. Judge Froeschner set March 27, 2015, as the deadline for the filing of objections, but, to date, none have been filed by any Party. The Report and Recommendation is, therefore, ripe for the Court's consideration.

After appropriate review under 28 U.S.C. § 636(b)(1)(C), this Court finds that Judge Froeschner did not clearly err or act contrary to law in finding that Selective has no duty to defend ICI in related state court litigation.

Accordingly, it is hereby ORDERED and ADJUDGED that:

1) the Report and Recommendation (Instrument no. 24) of Magistrate Judge Froeschner is APPROVED and ADOPTED by this Court;

2) the Motion for Summary Judgment of Defendant, ICI Construction, Inc. (Instrument no. 13), seeking a defense by Selective is DENIED;



3) Selective's "Motion for Summary Judgment Regarding Its Duty to Defend Defendant, ICI Construction, Inc." (Instrument no. 14), is GRANTED; and



4) Selective DOES NOT owe ICI Construction, Inc., a duty to defend in the pending related state court litigation.

DONE at Galveston, Texas, this 9^th day of April, 2015.

/s/_________

Gregg Costa

United States Circuit Judge

(Sitting by Designation)