Houston Casualty Company v. Endurance Assurance Corporation

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

HOUSTON CASUALTY COMPANY,

Plaintiff,

v. Case No. 6:22-cv-1429-RBD-LHP

ENDURANCE ASSURANCE CORPORATION; and ARMANDO MALDONADO,

Defendants. ____________________________________

ORDER Before the Court is Plaintiff’s Renewed Motion for Default Judgment as to Defendant Armando Maldonado. (Doc. 58 (“Motion”).) On referral, U.S. Magistrate Judge Leslie Hoffman Price entered a Report and Recommendation stating that the Court should grant the Motion. (Doc. 60 (“R&R”).) The parties did not object and the time has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 60) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety. 2. The Motion (Doc. 58) is GRANTED. 3. The Clerk is DIRECTED to enter a default declaratory judgment in favor of Plaintiff Houston Casualty Company and against Defendant Armando Maldonado stating that BH Management is covered under the Endurance Policy, and Endurance has a duty to defend BH Management in the state court lawsuit, Case No. 2021-CA-008589- 0. (See Docs. 56-57.) 4. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on May 21, 2024.

ROY B. DALTON, JR. United States District Judge