Westchester Surplus Lines Insurance v. Strongtower Financial Inc. et al
Filing
108
JUDGMENT signed by Magistrate Judge Barbara A. McAuliffe on 11/5/2014. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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WESTCHESTER SURPLUS LINES
INSURANCE COMPANY
Plaintiff,
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Case No. 1:13-CV-00383-LJO-BAM
v.
STRONGTOWER FINANCIAL INC., a
California Corporation; DEANNA L.
BUCHHOLZ, an individual; ERIC
HIRSCHFIELD, an individual; JAMES WINTER
an individual; KATHERINE S. WESTLAKE an
individual; RAYMOND K. JONES an individual;
ANA GONZALEZ, an individual and trustee of
Gonzalez Trust UAD 5-29-07 and the Estate of
Cesar T. Gonzalez; VICTOR MICHELS, an
individual, JEFFREY S. RAYNES, an individual
and as trustee of the Jeffrey S. Raynes Defined
Benefit and 401K Profit Sharing Plan and Trust;
RANDI ARMSTRONG, an individual, AND
KATHERINE A. GARRETT, an individual; and
DOES 1-250
JUDGMENT
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Defendants
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Pursuant to the stipulated judgment filed on October 28, 2014 (Doc. 107), judgment
shall be entered between Plaintiff, Westchester Surplus Lines Insurance Company
(“Westchester”) and Defendant, Strongtower Financial Inc. (“Strongtower”) as follows:
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JUDGMENT
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It is adjudicated, judged and decreed that:
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1. The Wrongful Acts set forth in the Notice of Potential Claims letter and all other
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Wrongful Acts alleged against Strongtower and its employees and representatives
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up to the present date constitute Interrelated Wrongful Acts and all Claims arising
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out of such Interrelated Wrongful Acts including, but not limited to, the Raynes,
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Michels, Garrett, and Gonzalez Claims, constitute a single Claim made during the
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First Policy period and not a Claim made under the Second Policy regardless of
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when actually made or reported.
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2. Under the First Policy, all Loss resulting from a single Claim is a single Loss and
subject to a limit of $500,000 including Defense Costs.
3. All Claims under the First Policy arising out of Interrelated Wrongful Acts are
subject to a single limit of $500,000 including Defense Costs.
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4. Westchester has fully and completely exhausted its per Claim limit of the First
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Policy. The First Policy has expired and Westchester has no further obligations
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under the First Policy.
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5. Other than Claims which allege Wrongful Acts which are Interrelated Wrongful
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Acts with the Wrongful Acts set forth in the Notice of Potential Claims letter sent
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during the First Policy Term, no Claims were made and reported to Westchester
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during the Second Policy term or thereafter.
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6. Other than notices of potential Claims which allege Wrongful Acts which are
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Interrelated Wrongful Acts with the Wrongful Acts set forth in the Notice of
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Potential Claims letter sent during the First Policy term, no notice was given to
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Westchester of potential Claims or Wrongful Acts during the Second Policy term or
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thereafter.
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7. The Second Policy has expired and Westchester has no further obligations under the
Second Policy.
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8. Westchester has no duty to defend or indemnify any Claims until the Self Insured
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Retention applicable to each such Claim is paid by the Insureds against whom such
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JUDGMENT
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Claim is made and may not be paid on any Insured’s behalf by any person or
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organization.
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9. Each party shall bear its own costs and attorney’s fees.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
November 5, 2014
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
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JUDGMENT
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