State of Tennessee Department of State · ("Travelers") and against Associated Builders, Inc....
Transcript of State of Tennessee Department of State · ("Travelers") and against Associated Builders, Inc....
January 13, 2016
State of Tennessee Department of State
Administrative Procedures Division 312 Rosa L. Parks A venue
gth Floor, William R. Snodgrass Tower Nashville, Tennessee 37243-1102
Phone: (615)741-7008/Fax: (615)741-4472
Jacquie Fortenberry Mary Taylor Gallagher, Esq. Administrative Services Assistant III Tennessee Department of Commerce &
Insurance Insurance Division - Policy Analysis Section 4th Floor, Davy Crockett Tower 500 James Robertson Parkway Nashville, Tennessee 37243-1133
Ben M. Rose, Esq. The Law Offices of Ben M. Rose, PLLC Post Office Box 1108 Brentwood, TN 3 7024
Gullett, Sanford, Robinson & Martin, PLLC 150 Third Avenue South, Suite #1700 Nashville, TN 37201
RE: In the Matter of: Associated Builders, Inc. and Travelers Property Casualty Company of America
Docket No. 12.28-127025A
Enclosed is an order rendered in the above-styled cause of action.
Administrative Procedures Division Tennessee Department of State
/aem Enclosure
RECEIVED
JAN 1 9 2016
DEPT. OF COMMERCE & INSURANCE TN POLICY ANALYSIS SECTION
BEFORE THE DEPARTMENT OF COMMERCE AND INSURANCE FOR THE STATE 0}? TENNESSEE
IN THE MATTER OF: ) ) ) ) ) ) ) ) ) )
ASSOCIATED BUILDERS, INC.
and
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
DOCKET NO.: 12.28-127025A
WC Appeal- Insurance
FINAL AGREED JUDGMENT
This cause was scheduled for a contested case hearing on December 21, 2015, before the
Honorable Anthony A. Adgent, Administrative Judge. In lieu of a contested case hearing, the
parties hereby announce that they have reached the following agreement in this matter:
Judgment shall enter in favor of Travelers Property Casualty Company of America
("Travelers") and against Associated Builders, Inc. ("ABI"), in the amount of $33,216.38.
Beginning January 15,2016, ABI shall pay Travelers a minimum of$2,200.00 per month for 12
months on the fifteenth day of each month, for a total payment of $26,400.00. In the event ABI
makes timely payments and otherwise complies with the provisions of this Agreed Judgment, the
Agreed Judgment shall be satisfied.
In the event, however, that ABI fails to comply with making any timely payment in
accordance with the provisions of this Agreed Judgment, Travelers may thereafter immediately
seek and obtain execution upon ABI for the Agreed Judgment Amount, less any payments made,
together with interest thereon at the judgment rate of ten percent (10%) accruing from the date
ABI fails to make the first timely payment, and attorney's fees, discretionary costs, court costs,
and any other costs or expenses incurred related to execution. Nothing contained in this Agreed
Judgment shall prevent ABI from making payments in a greater amount or from satisfying the
Agreed Judgment Amount prior to the payment schedule contained herein.
•
ABI further agrees to pay all costs of the appeal incurred in the above-captioned matter.
The Court is pleased that the parties have reached the foregoing agreement and will enter the
same as the Court's Final Order. Together with the entry of this Agreed Judgment, ABI's appeal
is also hereby dismissed with prejudice.
IT IS SO ORDERED. 3(}.\ cJ~ N !JID1 ~
ENTER: this_\ _ tt()r of~S.
AGREED AND APPROVED:
L Ben . Rose (#21254)
Law Offices of Ben M. Rose, PLLC Post Office Box 1108 Brentwood, Tennessee 37024
{J THE HONORABLE ANTHONY A. ADGENT, ADMINISTRATIVE JUDGE
.---- () .... ' 'c
( ~;~ Mary T or Gallagher (#21482) -Gullett, Sanford, Robinson & Martin, PLLC 150 Third Avenue South, Suite 100 Nashville, Tennessee 37201
2
CERTIFICATE OF SERVICE
I do hereby certi& that a true and exact copy of the foregoing has been sent via Email to the following on this ~·aay of December, 2015:
Ms. Jacquie Fortenberry Department of Commerce & Insurance Insurance Division/ Actuarial Services Section 4th Floor, 500 James Robertson Parkway Nashville, Tennessee 37243-1133
3