Centex Homes v. St. Paul Fire and Marine Insurance Company, 2:17-cv-02407-JAD-VCF. (2019)
Court: District Court, D. Nevada
Number: infdco20190822e11
Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: ORDER CAM FERENBACH , Magistrate Judge . Before the court are the [proposed] Order Granting Admiral Insurance Company's Motion for Good Faith Settlement Determination (ECF No. 201), and Defendant Admiral Insurance Company's Notice of Response to Its Proposed Order Granting Its Motion for Good Faith Settlement Determination Under LOCAL RULE 7-2(F) (ECF No. 202). ECF No. 202-1 is a form of order submitted by St. Paul Fire and Marine Insurance Company ("St. Paul") in the alternative to ECF N
Summary: ORDER CAM FERENBACH , Magistrate Judge . Before the court are the [proposed] Order Granting Admiral Insurance Company's Motion for Good Faith Settlement Determination (ECF No. 201), and Defendant Admiral Insurance Company's Notice of Response to Its Proposed Order Granting Its Motion for Good Faith Settlement Determination Under LOCAL RULE 7-2(F) (ECF No. 202). ECF No. 202-1 is a form of order submitted by St. Paul Fire and Marine Insurance Company ("St. Paul") in the alternative to ECF No..
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ORDER
CAM FERENBACH, Magistrate Judge.
Before the court are the [proposed] Order Granting Admiral Insurance Company's Motion for Good Faith Settlement Determination (ECF No. 201), and Defendant Admiral Insurance Company's Notice of Response to Its Proposed Order Granting Its Motion for Good Faith Settlement Determination Under LOCAL RULE 7-2(F) (ECF No. 202).
ECF No. 202-1 is a form of order submitted by St. Paul Fire and Marine Insurance Company ("St. Paul") in the alternative to ECF No. 201. The language in ECF No. 201 and ECF No. 202-1 is identical with one exception. The last sentence in ECF No. 202-1, which does not appear in ECF No. 201, reads:
In granting the motion, the Court defers as to the scope and effect of this ruling as to any claims by others in the case and/or in a separate action for contribution and/or offset.
This sentence proposed by St. Paul is directly contradicted by NRS 17.245(1)(b). The release provided to Admiral pursuant to the court approved good faith settlement, "discharges the tortfeasor [i.e. Admiral] to whom it is given from all liability for contribution and for equitable indemnity to any other tortfeasor."
Accordingly, the court REJECTS St. Paul's proposed order ECF No. 202-1, and will sign and enter proposed order ECF No. 201.
Source: Leagle
