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Canopius Capital Two Limited v. Jeanne Estates Apartments, Inc.

United States District Court, W.D. Arkansas, Texarkana Division

May 23, 2018

CANOPIUS CAPITAL TWO LIMITED; CANOPIUS U.S. INSURANCE, INC., FORMERLY KNOWN AS OMEGA U.S. INSURANCE, INC.; ATRIUM 5 LIMITED; AMERICAN MODERN SELECT INSURANCE COMPANY; and AMERICAN WESTERN HOME INSURANCE PLAINTIFFS
v.
JEANNE ESTATES APARTMENTS, INC.; STEVE JOHNSON; and DON WOLF DEFENDANT-INSUREDS and TWENTY-FIRST CENTURY HOLINESS TABERNACLE CHURCH, INC.; TWENTY-FIRST CENTURY HOLINESS TABERNACLE CHURCH, INC. d/b/a ARM FULL OF HELP; TWENTY-FIRST CENTURY HOLINESS TABERNACLE CHURCH, INC. d/b/a ARMFUL OF HELP; and TWENTY-FIRST CENTURY HOLINESS TABERNACLE CHURCH, INC. d/b/a GLORYLAND CHRISTIAN CHURCH DEFENDANTS

          ORDER

          Susan O. Hickey United States District Judge

         Before the Court is a Motion for Default Judgment Against Defendant-Insureds filed by Canopius Capital Two Limited, Canopius U.S. Insurance, Inc., formerly known as Omega U.S. Insurance, Inc., Atrium 5 Limited, American Modern Select Insurance Company, and American Western Home Insurance (collectively, “the Insurers”). ECF No. 55. No. party has responded to the motion, and the time to do so has passed. The Court finds this matter ripe for its consideration.

         The Court finds that the Insurers' Motion for Default Judgment Against the Defendant-Insureds and Defendants (ECF No. 55) should be and hereby is GRANTED. In particular, a default judgment is granted in favor of the Insurers with respect the following defendants because each has failed to file a responsive pleading in this matter:

• Jeanne Estates Apartments, Inc. (“JEA”);
• Steve Johnson (“Mr. Johnson”);
• Don Wolf (“Mr. Wolf”); and
• Twenty-first Century Holiness Tabernacle Church, Inc., Twenty-First Century Holiness Tabernacle Church, Inc. d/b/a Arm Full of Help; Twenty-First Century Holiness Tabernacle Church Inc. d/b/a Armful of Help; and Twenty-First Century Holiness Tabernacle Church Inc. d/b/a Gloryland Christian Church (collectively “TFC”).

         A review of the record demonstrates that JEA, Mr. Johnson, Mr. Wolf, and TFC (collectively the “Defendant-Insureds”) were properly served; however, each has failed to file a responsive pleading or otherwise appear in this lawsuit. The Clerk entered defaults as to the Defendant-Insureds on March 27, 2018.

         Thus, a default judgment is granted in the Insurers' favor against the Defendant-Insureds, finding as follows:

a. The policies of insurance at issue in this litigation (the “Policies”) do not designate Defendant TFC as an insured and, thus, the Policies afford no coverage to and impose no duty to defend or indemnify Defendant TFC;
b. Because the Defendant-Insureds failed to provide timely notice of the Griffin Lawsuit to the Insurers pursuant to the Policies' notice conditions, the Policies do not afford coverage with respect to the Griffin Lawsuit, styled as Griffin v. Tony Alamo a/k/a Bernie L. Hoffman et al., No. 4:14-cv-04065 (the “Griffin Lawsuit”);
c. The Griffin Lawsuit does not allege “occurrences, ” and therefore, the Policies do not afford coverage with respect to the Griffin Lawsuit;
d. Because the Policies exclude from coverage those claims arising outside of the applicable policy periods, to the extent the alleged “occurrences” occurred prior to or subsequent to the Policies' respective periods, the Policies do not afford coverage with respect to the Griffin Lawsuit;
e. The Policies exclude from coverage those injuries known prior to the policy period, and because all of the injuries alleged in the Griffin Lawsuit were known to the Defendant-Insureds before the Policies' respective policy periods, the Policies ...

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