Attorneys Insurance Mutual Risk Retention Group, Inc. v. Liberty Surplus Insurance Corporation, Inc.

Filing 38

JUDGMENT by Judge Fernando M. Olguin. IT ISADJUDGED that (1) Liberty Surplus Insurance Corporation has a duty to defend J.Wayne Allen in Ruth McClamma Stueve, et al. v. Raymond Novell, et al., Orange County Sup. Ct., Case No. 30-2010-00411651 pursuan t to the 2010-2011 Liberty Policy; (2) Liberty is obligated to reimburse Attorneys Insurance Mutual Risk Retention Group for one-half of the fees and costs incurred as of 6/2/2016 defending Allen in the Civil Action; and (3) Liberty is obligated to contribute one-half of the fees and costs incurred after 6/2/2016, towards Allen defense in the Civil Action. The parties shall bear their own costs and fees in the instant action. The above-captioned action is dismissed with prejudice. (MD JS-6, Case Terminated). (jp)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ATTORNEYS INSURANCE MUTUAL
RISK RETENTION GROUP, INC.,
Plaintiff,
v.
LIBERTY SURPLUS INSURANCE
CORPORATION, INC.,
Defendant.

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Case No. CV 15-4756 FMO (JCx)

JUDGMENT

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Pursuant to the Court’s Order Re: Cross Motions for Summary Judgment, IT IS

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ADJUDGED that (1) Liberty Surplus Insurance Corporation (“Liberty”) has a duty to defend J.

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Wayne Allen (“Allen”) in Ruth McClamma Stueve, et al. v. Raymond Novell, et al., Orange County

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Sup. Ct., Case No. 30-2010-00411651 (“Civil Action”) pursuant to the 2010-2011 Liberty Policy;

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(2) Liberty is obligated to reimburse Attorneys Insurance Mutual Risk Retention Group

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(“AIMRRG”) for one-half of the fees and costs incurred as of June 2, 2016, defending Allen in the

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Civil Action; and (3) Liberty is obligated to contribute one-half of the fees and costs incurred after

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June 2, 2016, towards Allen’s defense in the Civil Action. The parties shall bear their own costs

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and fees in the instant action. The above-captioned action is dismissed with prejudice.

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Dated this 28th day of March, 2017.

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/s/
Fernando M. Olguin
United States District Judge