WESTCHESTER SURPLUS LINES INSURANCE COMPANY v. STRONGTOWER FINANCIAL INC., 1:13-CV-00383-LJO-BAM. (2014)
Court: District Court, E.D. California
Number: infdco20141107692
Visitors: 5
Filed: Nov. 05, 2014
Latest Update: Nov. 05, 2014
Summary: JUDGMENT BARBARA A. McAULIFFE, Magistrate Judge. Pursuant to the stipulated judgment filed on October 28, 2014 (Doc. 107), judgment shall be entered between Plaintiff, Westchester Surplus Lines Insurance Company ("Westchester") and Defendant, Strongtower Financial Inc. ("Strongtower") as follows: It is adjudicated, judged and decreed that: 1. The Wrongful Acts set forth in the Notice of Potential Claims letter and all other Wrongful Acts alleged against Strongtower and its employees and
Summary: JUDGMENT BARBARA A. McAULIFFE, Magistrate Judge. Pursuant to the stipulated judgment filed on October 28, 2014 (Doc. 107), judgment shall be entered between Plaintiff, Westchester Surplus Lines Insurance Company ("Westchester") and Defendant, Strongtower Financial Inc. ("Strongtower") as follows: It is adjudicated, judged and decreed that: 1. The Wrongful Acts set forth in the Notice of Potential Claims letter and all other Wrongful Acts alleged against Strongtower and its employees and ..
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JUDGMENT
BARBARA A. McAULIFFE, Magistrate Judge.
Pursuant to the stipulated judgment filed on October 28, 2014 (Doc. 107), judgment shall be entered between Plaintiff, Westchester Surplus Lines Insurance Company ("Westchester") and Defendant, Strongtower Financial Inc. ("Strongtower") as follows:
It is adjudicated, judged and decreed that:
1. The Wrongful Acts set forth in the Notice of Potential Claims letter and all other Wrongful Acts alleged against Strongtower and its employees and representatives up to the present date constitute Interrelated Wrongful Acts and all Claims arising out of such Interrelated Wrongful Acts including, but not limited to, the Raynes, Michels, Garrett, and Gonzalez Claims, constitute a single Claim made during the First Policy period and not a Claim made under the Second Policy regardless of when actually made or reported.
2. Under the First Policy, all Loss resulting from a single Claim is a single Loss and subject to a limit of $500,000 including Defense Costs.
3. All Claims under the First Policy arising out of Interrelated Wrongful Acts are subject to a single limit of $500,000 including Defense Costs.
4. Westchester has fully and completely exhausted its per Claim limit of the First Policy. The First Policy has expired and Westchester has no further obligations under the First Policy.
5. Other than Claims which allege Wrongful Acts which are Interrelated Wrongful Acts with the Wrongful Acts set forth in the Notice of Potential Claims letter sent during the First Policy Term, no Claims were made and reported to Westchester during the Second Policy term or thereafter.
6. Other than notices of potential Claims which allege Wrongful Acts which are Interrelated Wrongful Acts with the Wrongful Acts set forth in the Notice of Potential Claims letter sent during the First Policy term, no notice was given to Westchester of potential Claims or Wrongful Acts during the Second Policy term or thereafter.
7. The Second Policy has expired and Westchester has no further obligations under the Second Policy.
8. Westchester has no duty to defend or indemnify any Claims until the Self Insured Retention applicable to each such Claim is paid by the Insureds against whom such Claim is made and may not be paid on any Insured's behalf by any person or organization.
9. Each party shall bear its own costs and attorney's fees.
IT IS SO ORDERED.
Source: Leagle
