National Union Fire Insurance Co. of Pittsburgh, PA et al v. Seagate Technology, Inc.

Filing 439

FINAL JUDGMENT. Signed by Judge Alsup on August 6, 2013.. (whalc1, COURT STAFF) (Filed on 8/6/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA, et al.,
Plaintiffs,

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No. C 04-01593 WHA

FINAL JUDGMENT
v.
SEAGATE TECHNOLOGY, INC.,
Defendant.

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/

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For the reasons stated in the orders granting plaintiff’s cross-motion for summary

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judgment dated January 25, 2013 and defendant’s motion for partial summary judgment dated

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June 21, 2013, FINAL JUDGMENT IS HEREBY ENTERED as follows:

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1.

November 1, 2000 and September 22, 2005;

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National Union breached its duty to defend Seagate in the Convolve case between

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National Union is liable for prejudgment interest on Seagate’s defense costs

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incurred between November 1, 2000 and September 18, 2003 in an amount to be

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determined in arbitration;

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3.

National Union is liable for Seagate’s full defense costs, minus a deduction for

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AIU’s contribution, and prejudgment interest on such defense costs incurred

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between September 18, 2003 and September 22, 2005 in an amount to be
determined in arbitration;

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4.

National Union did not breach its duty to defend Seagate after July 18, 2007; and

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National Union and Seagate are required to arbitrate any and all disputes about

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the amount of defense costs National Union is obligated to pay pursuant to its

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adjudicated duty to defend after July 18, 2007 pursuant to California Civil Code

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Section 2860(c).

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All parties agree that there are no further issues, claims, or defenses to be adjudicated in
the district court and final judgment is now appropriate. The Clerk SHALL CLOSE THE FILE.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: August 6, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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