United States District Court, W.D. Arkansas, Texarkana Division
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
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
O. Hickey United States District Judge
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
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”).
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.
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
c. The Griffin Lawsuit does not allege
“occurrences, ” and therefore, the Policies do
not afford coverage with respect to the Griffin
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
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 ...