W. EARL BRITT, District Judge.
This matter is before the court on plaintiff Liberty Mutual Fire Insurance Company's ("Liberty") motion for clarification, or in the alternative, for a stay of enforcement. (DE # 85.) Also before the court is the motion for contempt and to compel continuing payment of defense fees filed by defendants KB Home and KB Home Raleigh-Durham, Inc. (collectively "KB"). (DE # 89.) Liberty requests a hearing on both motions. (DE # 99.) The issues raised have been fully briefed and are now ripe for disposition.
This case arises from the settlement of a lawsuit involving two commercial general liability insurance policies Liberty issued to KB Home Raleigh-Durham, Inc.'s subcontractor, Stock Building Supply, in 2005 and 2006. On 14 June 2013, Liberty filed a declaratory judgment action in the Eastern District of Virginia, seeking a determination that it had fully discharged its obligation to pay defense costs and fees on behalf of KB in the underlying action. (DE # 1, at 6.) Following the transfer of this matter to this court, KB filed an answer and asserted five counterclaims against Liberty. (DE # 26.) Count five of KB's counterclaim requested declaratory relief regarding indemnification under the policies, Liberty's alleged statutory violations, and Liberty's ongoing defense obligations to KB. (
On 28 October 2014, the court issued an order denying Liberty's motion for judgment on the pleadings and granting KB's motion for judgment on the pleadings. (DE # 56.) In the order, the court "declared that Liberty is obligated to continue to defend KB under the terms of the Defense Agreement." (
Following the court's 28 January 2015 order, KB contacted Liberty requesting the immediate payment of KB's defense costs in the underlying action. (Pl.'s Mot. Clarify, DE # 85, at 2; Def.'s Mot. Compel, DE # 89, at 4.) Liberty declined KB's requests on the grounds that the court's 28 January 2015 order was interlocutory and could not be enforced as if it were a final judgment. (Pl.'s Mot. Clarify, DE # 85, at 2; Def.'s Mot. Compel, DE # 89, at 4-5.) The parties continue to dispute Liberty's ongoing defense obligations and whether the court's orders are immediately enforceable.
Liberty now requests the court to clarify that KB has no right of immediate enforcement until a final judgment is entered. (Pl.'s Mot. Clarify, DE # 85, at 3.) Additionally, KB seeks the court to hold Liberty in contempt for refusing to comply with the court's prior orders by immediately paying KB's defense fees and costs. (DE # 89.) Liberty requests a hearing on KB's motion for contempt, as well as a hearing on its motion for clarification to address overlapping issues related to the enforcement of the court's order. (DE # 99.)
As of now, the only thing the court has done is allow cross-motions for partial judgment on the pleadings. The court did not order anyone to do anything that would be enforceable by a contempt citation.
For the foregoing reasons, Liberty's motion for clarification, (DE # 85), is GRANTED. KB's motion for contempt and to compel continuing payment of defense fees, (DE # 89), is DENIED. Liberty's motion for hearing, (DE # 99), is DENIED.