Allstate Property and Casualty Insurance Company v. Vickers

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
ALLSTATE PROPERTY AND )
CASUALTY INSURANCE COMPANY,)
)
Plaintiff, )
)
v. ) C.A. No. N19C-04-098 JRJ
)
GEORGE VICKERS, )
IMAN GOLDSBOROUGH, individually )
and as parent/next friend of )
E.K., a minor, )
)
Defendants. )
ORDER
AND NOW TO WIT, this 23rd day of July, 2020, upon consideration of the
Allstate Property and Casualty Insurance Company’s (“Allstate”) Motion for
Default Judgment Against Defendants Iman Goldsborough and Ena Knotts, IT
APPEARS THAT:
1. On April 10, 2019, Allstate filed its Complaint for Declaratory
Judgment.1
2. After unsuccessful attempts at serving Defendants Goldsborough and
Knotts through the New Castle County Sheriff’s Office, the Court granted Plaintiff’s
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Compl. (Trans. ID. 63151084).
Motion to Appoint Special Process Server to serve Goldsborough and Knotts the
summons and the Complaint in accordance with Superior Court Civil Rule 4(d)(1).2
3. Thereafter, on January 21, 2020, Plaintiff filed an Amended Complaint
for Declaratory Judgment.3
4. On February 2, 2020, the Special Process Server served Goldsborough
and Knotts copies of the summons and Complaint. 4 Goldsborough’s and Knotts’
responses to the Complaint were due February 22, 2020. 5
5. On March 18, 2020, after Goldsborough and Knotts failed to respond
to the Complaint, Allstate filed this Motion for Default Judgment, asking the Court
to enter a declaratory judgment against Goldsborough and Knotts. 6
6. Pursuant to Superior Court Civil Rule 55(b), the Court may enter
default judgment “when a party against whom a judgment for affirmative relief is
sought, has failed to appear, plead or otherwise defend as provided by the Rules . . .
.”
7. Goldsborough and Knotts were required to respond to Allstate’s
Complaint for Declaratory Relief by February 22, 2020 pursuant to Superior Court
2
Jan. 8, 2020 Order (Trans. ID. 64595826).
3
Amend. Compl. (Trans. ID. 64638771).
4
Return of Service – Iman Goldsborough (Trans. ID. 64706046); Return of Service – Ena Knotts
(Trans. ID. 64813703).
5
See Super. Ct. Civ. R. 12(a) (“A defendant shall serve an answer within 20 days after service of
process, complaint and affidavit . . . .”).
6
Mot. Default J. (Trans. ID. 64841442).
2
Civil Rule 12(a). Given that both Goldsborough and Knotts failed to respond in
accordance with Rule 12(a), Allstate is entitled to default judgment.
NOW, THEREFORE, IT IS HEREBY ORDERED that Allstate Property
and Casualty Insurance Company’s Motion for Default Judgment Against
Defendants Iman Goldsborough and Ena Knotts is GRANTED and a declaratory
judgment is entered against Defendants Iman Goldsborough and Ena Knotts,
pursuant to Superior Court Civil Rule 55(b)(2), declaring that:
a. Defendant George Vickers was not the legal owner of the 2013 Nissan
Sentra VIN 3N1CN7AP2DL834740 (“Nissan Sentra”) at the time of the December
26, 2018 motor vehicle accident;
b. Defendant George Vickers had no insurable interest in the Nissan
Sentra at the time of the December 26, 2018 motor vehicle accident;
c. Under 18 Del. C. § 2706, Allstate no longer insured the Nissan Sentra
after the transfer of title of the Nissan Sentra from Defendant George Vickers to
Defendant Goldsbourgh;
d. Allstate provides no third-party coverage on the Nissan Sentra as to
Defendants Goldsbourgh and Knotts and has no obligation to defend or indemnify
Goldsbourgh or Knotts;
e. Allstate provides no first-party coverage on the Nissan Sentra as to
Defendants Goldsbourgh and Knotts and has no obligation to provide any first-party
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coverage as to Defendants Goldsbourgh and Knotts, including but not limited to
claims for: property damage, no fault, or uninsured/underinsured motorist coverage.
IT IS SO ORDERED.
Jan R. Jurden
Jan R. Jurden, President Judge
cc: Prothonotary
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