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USAA General Indemnity Co. v. McCullough

United States District Court, D. South Carolina, Orangeburg Division

April 26, 2017

USAA General Indemnity Company, Plaintiff,
v.
Jarok Mccullough, Adrian C. Chandler, and Glendrella Green, Defendants.

          ORDER OF DEFAULT JUDGMENT AS TO DEFENDANT ADRIAN C. CHANDLER

          J. Michelle Childs Judge United States District Court

         This matter is before the court by way of a motion by USAA General Indemnity Company, (“Plaintiff”) for default judgment as to Defendant Adrian C. Chandler, pursuant to Fed.R.Civ.P. 55(b)(2). (ECF No. 21.)

         On September 14, 2016, Plaintiff filed a Complaint against Jarok McCullough, Adrian C. Chandler, and Glendrella Green (“Defendants”), seeking a declaration that the automobile liability policy (“Policy”) issued to Defendant Chandler be declared void as to the underlying vehicle in the automobile accident based on the lack of insurable interest on behalf of Defendant Chandler or in the alternative to declare the Policy void ab initio based on the material misrepresentations of Defendant Chandler. (ECF No. 1 at 5.) Furthermore, Plaintiff requests that the court declare that the Policy does not provide any coverage for any outstanding known or unknown claims for Defendants as a result of the underlying vehicle in the automobile accident since the onset of the Policy, and that Plaintiff has no duty to defend or indemnify Defendant McCullough or to provide underinsured motorist coverage. Id. Although Defendant Chandler was properly served with the Complaint (ECF No. 2), he has not answered or filed any responsive pleading. Pursuant to Plaintiff's request, the Clerk of Court filed an entry of default against Defendant Chandler, and Plaintiff then moved for a default judgment. (ECF Nos. 20 and 21.)

         I. Introduction

         Plaintiff filed a Complaint against Defendants on September 14, 2016. The action seeks a declaratory judgment against Defendants that the Policy issued to Defendant Chandler be declared void as to the underlying vehicle in the automobile accident based on the lack of insurable interest on behalf of Defendant Chandler or in the alternative to declare the Policy void ab initio based on the material misrepresentations of Defendant Chandler. Furthermore, Plaintiff requests that the court declare that the Policy does not provide any coverage for any outstanding known or unknown claims for Defendants as a result of the underlying vehicle in the automobile accident since the onset of the Policy, and that Plaintiff has no duty to defend or indemnify Defendant McCullough or to provide underinsured motorist coverage.

         A. Jurisdiction and Venue

         The court has subject matter jurisdiction on Plaintiff's claims pursuant to 28 U.S.C. § 1332 based on diversity of citizenship. The court has personal jurisdiction on Defendants because Plaintiff's principal place of business is located in Texas, and Defendants are citizens of the State of South Carolina, and the value of the Policy in this matter exceeds the sum of $75, 000. Furthermore, venue in this district is proper under 28 U.S.C. § 1391 because all of the Defendants are citizens of the State of South Carolina.

         B. Process and Service

         The Summons and Complaint was served on Defendant Chandler on September 14, 2016. (ECF No. 2.)

         C. Grounds for Entry of Default

         Defendant Chandler did not file an answer or other pleading, timely or otherwise, as reflected by a Request for Entry of Default Judgment and Plaintiff's Motion for Default Judgment as to Defendant Chandler. (ECF Nos. 19 and 20.) The Clerk of Court properly filed an entry of default as to Defendant Chandler on December 21, 2016. (ECF No. 20.)

         D. Motion for Default Judgment

         On January 4, 2017, Plaintiff filed a Motion for Default Judgment, a copy of which it also served upon Defendant Chandler by mail on said date.

         II. Fin ...


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