State of Tennessee Department of State · ("Travelers") and against Associated Builders, Inc....

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January 13, 2016 State of Tennessee Department of State Administrative Procedures Division 312 Rosa L. Parks Avenue 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 37024 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

Transcript of State of Tennessee Department of State · ("Travelers") and against Associated Builders, Inc....

Page 1: State of Tennessee Department of State · ("Travelers") and against Associated Builders, Inc. ("ABI"), in the amount of $33,216.38. Beginning January 15,2016, ABI shall pay Travelers

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

Page 2: State of Tennessee Department of State · ("Travelers") and against Associated Builders, Inc. ("ABI"), in the amount of $33,216.38. Beginning January 15,2016, ABI shall pay Travelers

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.

Page 3: State of Tennessee Department of State · ("Travelers") and against Associated Builders, Inc. ("ABI"), in the amount of $33,216.38. Beginning January 15,2016, ABI shall pay Travelers

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

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Page 4: State of Tennessee Department of State · ("Travelers") and against Associated Builders, Inc. ("ABI"), in the amount of $33,216.38. Beginning January 15,2016, ABI shall pay Travelers

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

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