Fremont Reorganizing Corporation v. National Union Fire Insurance Company of Pittsburgh et al

Filing 233

JUDGMENT by Judge James V. Selna, in favor of Continental Insurance Company against Fremont Reorganizing Corporation Related to: Order on Motion for Summary Judgment 225 : IT IS HEREBY ORDERED that pursuant to the Court's January 5, 2012 order granting Continental's motion for summary judgment on all causes of action asserted against it by Plaintiff and denying Plaintiff's motion for summary judgment as to all claims against Continental (except declaratory relief which was grante d in part to the extent of the conclusions declared in the January 5, 2012 order) and Rule 54(b) of the Federal Rules of Civil Procedure, the Court finds there is no just reason for delay and that judgment is entered in favor of Defendant Continental Insurance Company and against Plaintiff Signature Group Holdings, Inc., successor in interest to Fremont Reorganizing Corporation. As the prevailing party, Continental is entitled to its costs pursuant to Rule 54. (rla)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FREMONT REORGANIZING
CORPORATION, a California
Corporation,
Plaintiff,

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v.

CASE NO. SACV10-00310-JVS
(ANx)
JUDGMENT IN FAVOR OF
DEFENDANT CONTINENTAL
INSURANCE COMPANY

NATIONAL UNION FIRE
INSURANCE COMPANY OF
PITTSBURGH, a Delaware corporation;
ZURICH AMERICAN INSURANCE
COMPANY, a New York corporation;
CONTINENTAL INSURANCE
COMPANY, a Pennsylvania corporation,
Defendants.

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WHEREAS, the parties’ cross-motions for summary judgment came on
regularly for hearing before this Court on December 20, 2011;

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WHEREAS, the Court, having considered the papers filed in connection with

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the motions and argument of counsel, and having found there was no genuine issue

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of material fact, and good cause appearing therefor, issued its January 5, 2012 order

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(ECF No. 225), which, in part:

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(1)

DENIED Plaintiff Signature Group Holdings, Inc’s (“Plaintiff”) motion

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for summary judgment as to all claims against Defendant Continental

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Insurance Company (“Continental”), except declaratory relief which

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was GRANTED in part to the extent of the conclusions declared in the

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January 5, 2012 order;

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(2)

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GRANTED Continental’s motion for summary judgment brought on all
causes of action asserted against it by Plaintiff; and

WHEREAS, the Court’s January 9, 2012 order (ECF No. 226) DENIED
Plaintiff’s motion for leave to amend the complaint, which sought to add a cause of
-1CASE NO. SACV10-00310-JVS (ANx)
[PROPOSED] JUDGMENT IN FAVOR OF DEFENDANT CONTINENTAL INSURANCE COMPANY

SF/2652489v3

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action for breach of contract under the Claims Expense coverage against

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Continental, and held that because Plaintiff has not incurred a direct loss under the

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terms of the applicable insurance policies, and because there is no valid claim

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asserted, no expenses associated with the asserted claims are payable by the

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Defendants under the terms of the Claims Expense coverage.

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IT IS HEREBY ORDERED that pursuant to the Court’s January 5, 2012

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order granting Continental’s motion for summary judgment on all causes of action

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asserted against it by Plaintiff and denying Plaintiff’s motion for summary judgment

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as to all claims against Continental (except declaratory relief which was granted in

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part to the extent of the conclusions declared in the January 5, 2012 order) and Rule

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54(b) of the Federal Rules of Civil Procedure, the Court finds there is no just reason

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for delay and that judgment is entered in favor of Defendant Continental Insurance

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Company and against Plaintiff Signature Group Holdings, Inc., successor in interest to

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Fremont Reorganizing Corporation. As the prevailing party, Continental is entitled

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to its costs pursuant to Rule 54.

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IT IS SO ORDERED.

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Dated: February 09, 2012
Honorable James V. Selna
United States District Court Judge

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-2CASE NO. SACV10-00310-JVS (ANx)
[PROPOSED] JUDGMENT IN FAVOR OF DEFENDANT CONTINENTAL INSURANCE COMPANY

SF/2652489v3