Filed: Jul. 16, 2019
Latest Update: Jul. 16, 2019
Summary: ORDER GRANTING CERTAIN UNDERWRITERS AT LLOYD'S LONDON AND CERTAIN LONDON MARKET COMPANIES, NORTH RIVER INSURANCE COMPANY, AND BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY'S (FKA STONEWALL INSURANCE COMPANY) MOTION APPROVING SETTLEMENT AND BARRING CLAIMS NOTE ON MOTION CALENDAR: June 7, 2019 BARBARA JACOBS ROTHSTEIN , District Judge . This matter comes before the Court on Certain Underwriters at Lloyd's London and Certain London Market Companies, North River Insurance Company, and Berksh
Summary: ORDER GRANTING CERTAIN UNDERWRITERS AT LLOYD'S LONDON AND CERTAIN LONDON MARKET COMPANIES, NORTH RIVER INSURANCE COMPANY, AND BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY'S (FKA STONEWALL INSURANCE COMPANY) MOTION APPROVING SETTLEMENT AND BARRING CLAIMS NOTE ON MOTION CALENDAR: June 7, 2019 BARBARA JACOBS ROTHSTEIN , District Judge . This matter comes before the Court on Certain Underwriters at Lloyd's London and Certain London Market Companies, North River Insurance Company, and Berkshi..
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ORDER GRANTING CERTAIN UNDERWRITERS AT LLOYD'S LONDON AND CERTAIN LONDON MARKET COMPANIES, NORTH RIVER INSURANCE COMPANY, AND BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY'S (FKA STONEWALL INSURANCE COMPANY) MOTION APPROVING SETTLEMENT AND BARRING CLAIMS
NOTE ON MOTION CALENDAR: June 7, 2019
BARBARA JACOBS ROTHSTEIN, District Judge.
This matter comes before the Court on Certain Underwriters at Lloyd's London and Certain London Market Companies, North River Insurance Company, and Berkshire Hathaway Specialty Insurance Company fka Stonewall Insurance Company's (collectively "Settling Insurers") Motion for Order Approving Settlement and Barring Claims re Settling Insurers' Policies. The Court has considered the motion and all pleadings and filings on record.
The Court GRANTS Settling Insurers' Motion for Order Approving Settlement and Barring Claims and APPROVES the Confidential Settlement Agreement and Release ("Settlement Agreement") between Plaintiff King County and Settling Insurers. The Court further FINDS and ORDERS:
1. The Settlement Agreement is reasonable, and was the result of arm's-length negotiations between parties represented by counsel. The Settlement Agreement is not collusive, inadequate, or entered into for any other improper purpose.
2. The non-settling insurers are adequately protected based on the terms of the Settlement Agreement, and King County's representations related to potential setoff for settlements in this case. See King County v. Travelers Indemn. Co., 2018 WL 1792189, at *3 (W.D. Wash. Apr. 16, 2018).
3. The Court ORDERS that the claims, cross-claims and counterclaims, by and against Settling Insurers in this action are DISMISSED with prejudice. The Court further ORDERS that any other claims for contribution, allocation, subrogation, and equitable indemnity, and any other cause of action in connection with this action against Settling Insurers by any other insurers of King County are hereby BARRED.
4. The Court DIRECTS that this Order shall be entered as a final judgment under Federal Rule of Civil Procedure 54(b).
IT IS SO ORDERED.
/s/Brian A. Kelly
Brian A. Kelly, Admitted Pro Hac Vice
Duane Morris LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
Telephone: 415.957.3000
Facsimile: 415.957.3001
Email: bakelly@duanemorris.com
Kyle Silk-Eglit, WSBA No. 43177
Duane Morris LLP
801 Second Avenue, Suite 800
Seattle, WA 98104
Telephone: 206.467.1065
Facsimile: 415.957.3001
Email: ksilkeglit@duanemorris.com
Attorneys for Defendants
Certain Underwriters at Lloyd's London
and Certain London Market Companies,
North River Insurance Company, and
Berkshire Hathaway Specialty Insurance
Company fka Stonewall Insurance Company