American Economy Insurance Company v. Jones et al

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AMERICAN ECONOMY INSURANCE
COMPANY,
Plaintiff,
v.
RAY JONES and RANDY CLEAVES,
Defendants.
Case No. 23-cv-2602-RJD-JPG
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
88) of Magistrate Judge Reona J. Daly recommending that the Court grant plaintiff American
Economy Insurance Company’s motion for summary judgment (Doc. 69) and motion for default
judgment (Doc. 79) and enter a judgment declaring that the homeowner’s insurance policy issued
by the plaintiff to defendant Ray Jones does not provide coverage for defendant Randy Cleave’s
claim against him in an underlying tort suit and that therefore the plaintiff has no duty to defend
or indemnify Jones or Cleaves in that suit.
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P.
72(b)(3). The Court must review de novo the portions of the report to which objections are
made. Id.; United States v. Gibson, 958 F.3d 661, 662 (7th Cir. 2020). “If no objection or only
partial objection is made, the district court judge reviews those unobjected portions for clear
error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999); see Gibson, 958 F.3d at
663.
The Court has received no objection to the Report. The Court has reviewed the entire
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file and finds that the Report is not clearly erroneous. Accordingly, the Court:
• ADOPTS the Report in its entirety (Doc. 88);
• GRANTS American Economy’s motion for summary judgment (Doc. 69);
• GRANTS American Economy’s motion for default judgment (Doc. 79); and
• DIRECTS the Clerk of Court to enter judgment accordingly, including a declaration that:
American Economy Insurance Company Homeowners Policy number
OZ4928775, issued to defendant Ray Jones, provides no liability coverage for the
claims of defendant Randy Cleaves against defendant Ray Jones in Randy
Cleaves v. Ray Jones, Cause No. 2023LA2, in the Circuit Court for the First
Judicial Circuit, Alexander County, Illinois; and plaintiff American Economy
Insurance Company has no duty to defend or to indemnify defendant Ray Jones or
defendant Randy Cleaves in that action.
IT IS SO ORDERED.
DATED: February 18, 2026
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
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