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17-1207 - SOUTHERN PILOT INSURANCE COMPANY v. MATTHEWS AUTO REPAIR, INC.


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17-1207 - SOUTHERN PILOT INSURANCE COMPANY v. MATTHEWS AUTO REPAIR, INC.
April 18, 2017
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ORDER - The Court ORDERS Plaintiff to file an Amended Complaint by April 25, 2017, which addresses the issues outlined in this Order and properly alleges a basis for this Court's diversity jurisdiction. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 4/18/2017.(JRB)
November 29, 2017
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ORDER - Southern Pilot Insurance Company ("Southern") issued an insurance policy to Matthews Auto Repair, Inc. ("Matthews Auto") for the period of May 8, 2002 to May 8, 2003. [Filing No. 8 at 2.] In 2016, an environmental investigation revealed toxic waste on Matthews Auto's property. [Filing No. 8 at 2.] On June 22, 2016, Matthews Auto voluntarily entered into a remediation agreement with the Indiana Department of Environment Management ("IDEM"). [Filing No. 8 at 5.] On July 11, 2016, Matthews Auto notified Southern of an "Environmental Suit" initiated by IDEM, which Matthews Auto claimed was covered under the insurance policy. [Filing No. 8 at 5.] Southern filed its First Amended Complaint for Declaratory Judgement ("Complaint"), [Filing No. 8], asserting that Matthews Auto breached the insurance policy by entering into the remediation agreement with IDEM without first obtaining Southern's consent. [Filing No. 8 at 6.] Southern filed a Motion for Judgement on the Pleadings, [Filing No. 33.], which is now ripe for the Court's consideration. For the reasons stated in this Order, Southern's Motion for Judgment on the Pleadings, [Filing No. 33], is DENIED. (See Order). Signed by Judge Jane Magnus-Stinson on 11/29/2017. (APD)