Filed: Jan. 15, 2016
Latest Update: Jan. 15, 2016
Summary: ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on Defendant and Counter-Claimant Federal Insurance Company ("Federal") and Defendants Continental Casualty Company and National Fire Insurance Company of Hartford's (collectively, "Continental") Motion to Renew Joinders in Intrawest's Motion for Summary Judgment [ECF No. 523] and Motion to Revive Same [Docket No. 640]. On October 9, 2015, Intrawest moved for partial summary judgment on the issue of the aggregate co
Summary: ORDER PHILIP A. BRIMMER , District Judge . This matter is before the Court on Defendant and Counter-Claimant Federal Insurance Company ("Federal") and Defendants Continental Casualty Company and National Fire Insurance Company of Hartford's (collectively, "Continental") Motion to Renew Joinders in Intrawest's Motion for Summary Judgment [ECF No. 523] and Motion to Revive Same [Docket No. 640]. On October 9, 2015, Intrawest moved for partial summary judgment on the issue of the aggregate cov..
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ORDER
PHILIP A. BRIMMER, District Judge.
This matter is before the Court on Defendant and Counter-Claimant Federal Insurance Company ("Federal") and Defendants Continental Casualty Company and National Fire Insurance Company of Hartford's (collectively, "Continental") Motion to Renew Joinders in Intrawest's Motion for Summary Judgment [ECF No. 523] and Motion to Revive Same [Docket No. 640].
On October 9, 2015, Intrawest moved for partial summary judgment on the issue of the aggregate coverage limits on the National Union policies at issue in this case. Docket No. 523. On November 2, 2015, Federal filed its own motion for partial summary judgment on the same issue. Docket No. 556. Federal's motion stated that it was joining Intrawest's motion for partial summary judgment. Id. On October 30, 2015, Continental filed a joinder in Intrawest's and Federal's motions for partial summary judgment on the issue of aggregate coverage limits. Docket No. 550.
On December 16, 2015, National Union and Intrawest filed a notice of settlement between National Union and Intrawest, in which Intrawest withdrew its motion for partial summary judgment [Docket No. 523] on the issue of aggregate coverage limits. Docket No. 630. Federal and Continental request that "Intrawest's motion go forward based upon their respective joinders." Docket No. 640 at 3. National Union opposes any such renewal or revival of Intrawest's motion. Docket No. 646 at 2. National Union states that Federal and Continental will not suffer any prejudice from denial of the instant motion because Federal filed a motion making the same arguments as Intrawest's motion, which Continental joined. Id.
The Court agrees with National Union. Federal and Continental have stated their positions and made their arguments regarding the aggregate policy limits in Federal's motion for partial summary judgment, which is pending before the Court. See Docket Nos. 556, 550. Federal and Continental do not identify any arguments unique to Intrawest's motion, nor any prejudice that will result if this motion is denied. For the foregoing reasons, it is
ORDERED that Federal and Continental's Motion to Renew Joinders in Intrawest's Motion for Summary Judgment [ECF No. 523] and Motion to Revive Same [Docket No. 640] is DENIED.
