Trinity Universal Insurance Company of Kansas, Inc. v. D.R. Horton, Inc. Denver et al

Filing 753

REPORT AND RECOMMENDATIONS of Special Master That 740 Unopposed MOTION to Dismiss Crossclaims with Prejudice filed by Fulcrum Insurance Company be granted, by Special Master Donald E. Abram on 1/27/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 07-cv-00600-PAB-MJW TRINITY UNIVERSAL INSURANCE COMPANY of KANSAS, INC., Plaintiff, v. D.R. HORTON, INC.- DENVER D/B/A D.R. HORTON- TRIMARK SERIES, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, AMERICAN INTERNATIONAL SPECIALITY LINES INSURANCE COMPANY, ASSURANCE COMPANY OF AMERICAN, CONTINENTAL WESTERN INSURANCE COMPANY, EMPLOYERS MUTUAL CASUALTY COMPANY, FULCRUM INSURANCE COMPANY N/K/A GENERAL SECURITY INDEMNITY COMPANY OF ARIZONA, INDIAN HARBOR INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, MARYLAND CASUALTY COMPANY, MID-CENTURY INSURANCE COMPANY, MOUNTAIN STATES MUTUAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, ST. PAUL FIRE & MARINE INSURANCE COMPANY, STATE FARM FIRE AND CASUALTY COMPANY, TIG INSURANCE COMPANY, TRAVELERS INDEMNITY INSURANCE COMPANY, TRUCK INSURANCE EXCHANGE, TWIN CITY FIRE INSURANCE COMPANY, UNITED SECURITY INSURANCE COMPANY, UNITED STATES FIDELITY & GUARANTY COMPANY, VALLEY FORGE INSURANCE COMPANY, ZURICH AMERICAN INSURANCE COMPANY, ZURICH SPECIALTIES LONDON LIMITED, Defendants.

______________________________________________________________________________ RECOMMENDATION THAT UNOPPOSED, STIPULATED MOTION TO DISMISS CROSS-CLAIMS WITH PREJUDICE BE GRANTED _______________________________________________________________________________ On November 28, 2008 a Recommendation of Special Master to Grant Motion for Summary was entered [Doc. 716]. It recommended that Judgment enter in favor of General Security Indemnity Company of Arizona (GSINDA). No objections have been filed to the recommendation. Travelers Indemnity Insurance Company, St. Paul Fire & Marine Insurance Company, and United States Fidelity & Guaranty Company (collectively referred to as "The Traveler Entities") and General Security Indemnity Company of Arizona (GSINDA) have entered into a stipulation to dismiss with prejudice the cross-claims of the Traveler Entities against GSINDA.[Doc. 740]. It is recommended that the Stipulated Motion to Dismiss Cross-Claims with Prejudice by granted. Done this 27th day of January, 2009.

BY THE COURT

/s/ Donald E. Abram Special Master