River Assets, LLC v. Knight Towing, LLC et al

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IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RIVER ASSETS, LLC 	)
)
Plaintiff, 	)
)
v. 	) 	CIV. ACT. NO. 1:23-cv-106-TFM-C
)
KNIGHT TOWING, LLC, 	)
U.S. SPECIALTY INSURANCE 	)
COMPANY and CULL, LLC. 	)
)
Defendants. 	)
MEMORANDUM OPINION AND ORDER
On January 11, 2024, the Magistrate Judge entered a Report and Recommendation which
recommends that the motion to dismiss filed by Continental Underwriters, Ltd., LLC (“CULL”)
and partial motion to dismiss filed by US Specialty Insurance Company be granted. See Doc. 66.
No objections were filed and the time frame has passed.
After due and proper consideration of the issues raised, and there having been no objections
filed, the recommendation (Doc. 66) is ADOPTED as the opinion of this Court. Therefore, it is
ORDERED, ADJUDGED, and DECREED that the motions to dismiss (Docs. 21, 22) are
GRANTED.
Accordingly, the following claims are DISMISSED:
1. 	All Plaintiff’s claims asserted against CULL which dismisses CULL as a defendant
from this action.
2. 	Plaintiff’s claims against U.S. Specialty for breach of the subject P&I policy or for
alleged bad faith conduct with respect to the P&I policy.
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3. 	Plaintiff’s claims for negligent or wrongful claims handling against U.S. Specialty with
respect to either the subject P&I policy or the subject Hull policy.
DONE and ORDERED this 29th day of January, 2024.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
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