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NUTMEG INSURANCE COMPANY Plaintiff, v. CLEAR LAKE CITY WATER AUTHORITY Defendants.

AGREED FINAL JUDGMENT

MELINDA HARMON, United States District Judge

The following judgment is entered pursuant to the Court's Memorandum Opinion and Order of June 10, 2002 and the Agreed Motion for Entry of Final Judgment filed by the parties herein, which the court concludes is well taken, and is hereby in all things GRANTED;

It is therefore DECLARED, ORDERED, ADJUDGED AND DECREED that Plaintiff Nutmeg Insurance Company (Nutmeg) has no duty to defend Clear Lake City Water Authority ("Clear Lake"), defendant herein, for the claims asserted in the case of Kirby Lake Development, Ltd, v. Clear Lake City Water Authority, Cause No. 1998-58185, in the 113th Judicial District Court, Harris County, Texas, currently on appeal under Cause No. 14-01-00976 in the Fourteenth Court of Appeals, Texas (the "Underlying Suit") either under its Public Entity General Liability Policy, No. 61 CEN QL8712; its Public Entity Errors and Omissions Policy, NO. 61 CLN QL8713; or its Excess Liability Insurance Policy, No. 61 PSN SA9921 (collectively the "Policies"), all of which were issued by Nutmeg to Clear Lake.

It is further DECLARED, ORDERED, ADJUDGED AND DECREED that Nutmeg has no duty to indemnify Clear Lake under the Policies for, or as a result of, the claims asserted in the Underlying Suit and any judgment rendered against Clear Lake in the Underlying Suit as a result of those claims;

It is further ORDERED, ADJUDGED AND DECREED that each party shall pay all costs of court in its own behalf expended; and

It is finally ORDERED, ADJUDGED AND DECREED that any relief not specifically granted here is hereby denied.

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NUTMEG INSURANCE CO. v. CLEAR LAKE CITY WATER AUTH., (S.D.Tex. 2002)
(Oct 7, 2002)