UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

FOREMOST INSURANCE COMPANY, ) GRAND RAPIDS MICHIGAN, ) ) Plaintiff, ) ) v. ) No. 1:24-cv-00445-JPH-MKK ) STEVEN M. BUCCI Clerk's Entry of ) Default Entered on 7/12/2024, ) PATRICIA ROSS Clerk's Entry of Default ) Entered on 7/12/2024, ) ) Defendants. )

ORDER ON MOTION FOR DEFAULT JUDGMENT

On March 8, 2024, Foremost Insurance Company filed a complaint against Defendants Steven Bucci and Patricia Ross seeking a declaratory judgment regarding its obligations under a Foremost insurance policy. Dkt. 1. On July 12, 2024, the Clerk's entered default against Mr. Bucci and Ms. Ross for failure to plead or otherwise defend this action. Dkt. 15; dkt. 16. Foremost now seeks a default declaratory judgment. Dkt. [18]. For the reasons below, that motion is GRANTED. A. Liability Federal Rule of Civil Procedure 55 creates a two-step process for a party seeking default judgment. See VLM Food Trading Int’l, Inc. v. Illinois Trading Co.,

(7th Cir. 2016). First, the plaintiff must obtain an entry of default from the Clerk. Fed. R. Civ. P. 55(a). Upon default, the well-pleaded allegations in the complaint relating to liability are taken as true. VLM Food,

. Second, after obtaining entry of default, the plaintiff may seek an entry of default judgment. Fed. R. Civ. P. 55(b). Here, an entry of default was issued against Mr. Bucci and Ms. Ross,

dkt. 15; dkt. 16, and State Farm seeks default judgment, dkt. 56. The allegations in the complaint are therefore taken as true, and here those allegations establish liability. See Fed. R. Civ. P. 55(b); VLM Food Trading Intern.,

. B. Damages While the Court must accept as true allegations relating to liability, "damages must be proved unless they are liquidated or capable of calculation." Wehrs v. Wells,

(7th Cir. 2012). Here, Foremost seeks only

declarations about coverage under the policy and its obligations to defend or indemnify Mr. Bucci. Dkt. 1 at 5. Because the allegations in the complaint, when accepted as true, show that Foremost is entitled to that declaratory judgment, its motion for default judgment is GRANTED. Dkt [18]. The Court DECLARES: 1. There is no coverage under Foremost Policy 444-00119274471 for any liability Steven M. Bucci may have for the damages alleged in the Complaint filed by Patricia Ross in the Madison County Superior Court

as Cause Number 48C03-2309-CT-000190; and 2. Foremost has no duty to defend Steven M. Bucci against the Complaint filed by Patricia Ross in the Madison County Superior Court as Cause Number 48C03-2309-CT-000190; and 3. Foremost has no duty to indemnify Steven M. Bucci for any liability he may have for the damages alleged in the Complaint filed by Patricia Ross in the Madison County Superior Court as Cause Number 48C03-2309- CT-000190. Final judgment shall issue by separate entry. SO ORDERED.

Date: 10/9/2024 <) Patruk |4 0 James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: All electronically registered counsel Patricia Ross c/o Brandon W. Smith Morgan & Morgan 117 E. Washington Street Suite 201 Indianapolis, IN 46204 Steven M. Bucci 325 E. Cross Street Anderson, IN 46012