New York Marine and General Insurance Company v. Xport Forwarding, LLC et al

Filing 28

FINAL JUDGMENT by Judge Stanley Blumenfeld, Jr.: For the reasons stated in the separate order granting Plaintiff's motion for summary judgment entered this day 27 , it is ordered and adjudged that Plaintiff New York Marine and General Insurance Company is entitled to the declaratory judgment it seeks, namely, that its payment of more than $250,000 in legal fees for Xport Forwarding, LLC's defense in the underlying litigation has exhausted the policy's errors and omissions co verage limit; that Plaintiff no longer has a duty to defend or indemnify Xport; and that Plaintiff is entitled to reimbursement from Xport of the defense costs it paid for Xport's defense in excess of the $250,000 policy limit. (MD JS-6, Case Terminated). (gk)

JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

NEW YORK MARINE AND
GENERAL INSURANCE
COMPANY,

Case No. 8:24-cv-01338-SB-SSC
FINAL JUDGMENT

Plaintiff,
v.
XPORT FORWARDING, LLC et al.,
Defendants.

For the reasons stated in the separate order granting Plaintiff’s motion for
summary judgment entered this day, it is ordered and adjudged that Plaintiff New
York Marine and General Insurance Company is entitled to the declaratory
judgment it seeks, namely, that its payment of more than $250,000 in legal fees for
Xport Forwarding, LLC’s defense in the underlying litigation has exhausted the
policy’s errors and omissions coverage limit; that Plaintiff no longer has a duty to
defend or indemnify Xport; and that Plaintiff is entitled to reimbursement from
Xport of the defense costs it paid for Xport’s defense in excess of the $250,000
policy limit.
This is a final judgment.

___________________________
Stanley Blumenfeld, Jr.
United States District Judge

Date: January 6, 2025

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